New York, 240 A.D.2d 54, 669 N.Y.S.2d 741, 743 (N.Y.App.Div.1998); APAC-Carolina, Inc. v. Greensboro-High Point Airport Auth., 110 N.C.App. 664, 431 S.E.2d 508, 511-12 (N.C.Ct.App.1993). 8 . See, e.g., Bovis Lend Lease LMB Inc. v. GCT Venture, Inc., 285 A.D.2d 68, 728 N.Y.S.2d 25, 27 (N.Y.App.Div.2001) (a liquidation agreement has three basic elements: (1) the imposition of liability upon the general contractor for the subcontractor's increased costs, thereby providing the general contractor with a basis for legal action against the owner; (2) a liquidation of liability in the amount of the general contractor's recovery against the owner; and (3) a provision that provides for the "pass-through” of that recovery to the subcontractor); Barry, Bette & Led Duke, Inc., 669 N.Y.S.2d at 743 (<HOLDING>). 9 . Frank Coluccio Constr. Co., 779 S.W.2d at
holding a defense based on a contractual waiver and release of liability did not permit the award of attorneys fees in a negligence action holding that a challenge to part b determinations in an order involving both part a and part b must begin in district court holding that a showing of actual contractual liability on the part of the contractor is necessary in order for a passthrough claim to be permissible holding that to establish tort liability in a negligence action there must be a legal duty on the part of the defendant to plaintiff holding governmental immunity is no defense to contractual liability