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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...

CM Did not Breach Fiduciary Duty and was Entitled to Recover for Delay Period Caused by Client

by Kent Holland | Oct 29, 2013 | Newsletter Article

On a home building project in excess of $5 million, the homeowner contracted with a construction manager to oversee the project for a $375,000 fixed fee for a specified scope of services that included preparing a budget, soliciting bids for major contracts,...

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