Framing Subcontractor Is Not Liable Under Multi-Employer Worksite Doctrine for HVAC Subcontractor Employee’s Injuries Where Contractor Caused the Condition But Did Not Control It At Time Employee Intentionally Assumed Risk by Its Actions
ConstructionRisk.com Report Vol. #14, Issue #3
See article in the following topic indices:
assumption of risk,multi-employer worksite safety,OSHA,Site Safety,Wrongful death
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An employee of an HVAC subcontractor, while working on a house, fell to his death from the third floor to the basement through an open stairwell. The framing of the house had been completed three weeks earlier by the framing contractor who left an unprotected hole in each floor for the stairwell to be installed [...]
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Assignee of Contract Indemnification Rights under a Design-Build Contract Stands in Shoes of Indemnitee and is Entitled to Recover Defense Costs
ConstructionRisk.com Report Vol. #14, Issue #1
See article in the following topic indices:
Assignment,California Code 2778,Crawford,Design-Build,duty to defend,Indemnification,Wrongful death
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Where a firm (Parsons Infrastructure) entered into a contract to design and construct a soda ash processing plant for Kerr-McGee Chemical Corp (KM) and agreed to provide KM with a defense and indemnity against losses arising out of negligent performance of its work, and KM later assigned its property and contract to a new firm [...]
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Incident Reports are Held to be privileged
Bodily Injury,Incident Reports,Privilege,Wrongful death
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A California Court of Appeals held earlier this month that incident reports are protected by the attorney-client privilege when certain criteria are met. Scripps Health v. Superior Court (Reynolds), 2003 D.A.R. 6059 (filed June 6, 2003) This case is particularly instructive to companies, such as property owners and managers, which regularly confront mold claims and [...]
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Contractor Criminally Indicted for Death of Workers
Site Safety,Wrongful death
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When two workers that were trapped and drowned in a collapse trench, a general contractor and its president were indicted by a Grand Jury for manslaughter, negligent homicide and reckless endangerment. The facts as described by the court are these: The general contractor was installing a water and sewer line. During excavation of a trench [...]
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Risk to the project architect/engineer (A/E) can be caused when its client (the project owner) provides it insufficient, incomplete, or inaccurate information upon which it relies. Agreements between the A/E and its client should identify data and information to be provided to the A/E by the owner and it should permit the A/E to rely [...]
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Professional Services Exclusion of Engineer’s CGL Policy Properly Applied to Bar Coverage for Wrongful Death Action Resulting from Trench Collapse
ConstructionRisk.com Report Vol. #12, Issue #10
See article in the following topic indices:
Bodily Injury,CGL,commercial general liability,Insurance Coverage Dispute,professional services exclusion,Wrongful death
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An employee of a contractor died due a trench collapse during installation of a sewer line. His wife filed a wrongful death action against the project engineer, alleging that the firm overseeing the project owed a duty to the worker to perform its professional services in accordance with appropriate standards and acted negligently by failing [...]
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