CM/General Contractor, as a Statutory Employer, is Entitled to Workers’ Compensation Act Immunity from Suit by Subcontractor’s Injured Employee

by Kent Holland | Jan 2, 2018 | Newsletter Article

When a subcontractor employee was injured by being struck by pieces of concrete that unexpectedly shot out of a concrete pumping hose, he sued the project construction manager (CM) who had subcontracted the concrete work. Tutor Perini was serving as CM at risk and...

Construction Manager not Responsible for Injuries to a Contractor’s Employee where it had no Ability to Control the Contractor’s Activity

by Kent Holland | Jan 2, 2018 | Newsletter Article

Construction management services agreement between the Construction Manager (CM) and the Metropolitan Transportation Authority (MTA) of New York provided that the CM was responsible for coordinating the work relating to the number 7 train subway extension project on...

Building Code Requirements Imposed Non-Delegable Duty on General Contractor for Safety Guardrails

by Kent Holland | Jan 2, 2018 | Newsletter Article

A general contractor for home construction hired a subcontractor to perform trim work on a house, including installation of a guardrail in front of a sliding glass door that would have access to a potential future deck. The subcontractor used finish nails to attach...

Professional Liability Exclusion in CGL Policy Barred Coverage for $25 Million Damages Claim from Ruptured Pipe Line

by Kent Holland | Jan 2, 2018 | Newsletter Article, professional liability exclusion

Professional Liability Exclusion Case Where a construction excavator struck an unmarked petroleum pipeline causing a massive explosion and rupture, the commercial general liability (CGL) excess insurance carrier of the pipeline owner, Kinder Morgan, settled claims...

Indemnification Clause that Included Voidable Provision was Enforced to Extent Legally Permissible Instead of Throwing out Entire Clause

by Kent Holland | Dec 13, 2017 | indemnification clause, Newsletter Article

An indemnification clause in a contract between a school board and a general contractor contained an indemnification clause requiring the contractor to defend and indemnify the owner against all claims and damages even if caused by the owner. This violated the state’s...

Americans with Disability Act (ADA) Penalties against Project Owner can be Recovered from Engineer and Contractor through Indemnification and Contribution Claims

by Kent Holland | Dec 13, 2017 | Newsletter Article

Where disabled individuals sued the City of Los Angeles for alleged failure of the city’s bus facility to meet the accessibility standards of the Americans with Disabilities Act (ADA) and of the Rehabilitation Act, the city filed a third party complaint against AECOM...