ADDITIONAL CASES Krusinski Construction Co., Third-Party Plaintiff, v. Boyce Excavating Co., Inc., Advance Testing Company, Inc., Solicito & Son Contracting Corp., and Greenworld Landscape & Irrigation, Inc., Third-Party Defendants1 OPINION & ORDER Plaintiff Blackhawk Development, LLC (“Blackhawk”) brought this action against Krusinski Construction Company (“Krusinski” or “KCC”) alleging breach of contract, breach of warranty and negligence in its construction, as general contractor, of a Distribution Center in Orange County, New York. (Compl., ECF No. 1.) KCC filed a Third-Party Complaint against various parties, including Advance Testing Company, Inc. (“ATC”) and Greenworld Landscape & Irrigation, Inc. (“Greenworld”) (ECF No. 14), which it later amended (Am. Third-Party Compl., ECF No. 75). In its Amended Third-Party Complaint (hereinafter, “ATPC”), KCC asserts claims of common law indemnification, contribution, and breach of implied warranty against ATC and Greenworld. Presently pending before the Court are ATC and Greenworld’s motions to dismiss KCC’s third-party claims against them under Federal Rule of Civil Procedure 12(b)(6). (ECF Nos. 188 and 193, respectively.) For the following reasons, the Court GRANTS the motions. BACKGROUND The following facts are derived from the ATPC and Blackhawk’s underlying complaint and are taken as true and constructed in the light most favorable to KCC for the purposes of this motion. I. Blackhawk’s claims against KCC Blackhawk hired KCC for construction services at its Distribution Center in Orange County, New York (“Distribution Center,” “the Project,” or “the Property”). (ATPC 36.) Blackhawk alleges that its contract with KCC required KCC to a) install all Work in conformity with approved Drawings and Specifications using its best knowledge as to the interpretation or application of applicable codes; b) notify Plaintiff of any error or inconsistency; c) take field measurements and verify field conditions and carefully compare such field measurements and conditions and other information known to KCC with the Contract Documents before commencing activities; and d) perform the Work in accordance with the Contract Documents and approved submittals. (Compl. 17 (citations omitted).) KCC alleges that it “relied exclusively upon [Blackhawk], its agent(s) or its parent company for the design, planning and testing of groundwork and soil compaction relative to excavating and backfilling at the property.” (ATPC 39.) KCC retained subcontractors to perform certain aspects of work for Blackhawk. (Id. 37.) Beginning on June 17, 2016, Blackhawk suffered damage to its Distribution Center located in Orange County, New York. (ATPC 35.) Specifically, “a water pipe connection that had been installed by KCC and/or its subcontractor(s) near a break room in the Distribution Center leaked water into the Distribution Center for several hours.” (Id. 42 (quoting from Compl. 8).) “‘[A]s a result of the water leak and/or the work of KCC and/or the work of its subcontractors, the Distribution Center…parking lot…[and] Northeast corner’ sustained property damage.” (Id. 43 (quoting Compl.
9-11).) Blackhawk sued KCC for “costs to date to repair the defects.” (Compl., ECF No. 1.) Blackhawk’s Complaint alleges that: KCC breached its duties under the…Contract by its omissions and/or acts, including, but not limited to the following: a) failing to adhere to requirements and/or specifications for composition and type of fill on-site; b) failing to adhere to prohibitions on certain contents of fill; c) failing to adhere to requirements and/or specifications as to compaction of soil; c) failing to adhere requirements and/or specifications as to building support and/or dimensions of lifts or other supports under the building to be constructed at the Project; d) failing to adhere to requirements and/or specifications regarding moisture penetration and/or protection from moisture; e) failure to adhere to requirements and/or specifications regarding contaminants in soil at the site; and f) failure to properly install fittings, couplings, pipes, and/or equipment and/or failure to install proper fittings, couplings, pipes, and/or equipment. (Id. 18.) Blackhawk further alleges that KCC “and/or its subcontractor(s)” were responsible for the work related to the leaking water pipe, (ATPC 45 (quoting Compl.
