In an indemnification clause between a contractor and project owner, the words “agents and representatives” did not require the contractor to indemnify a particular employee of consulting firm as an “agent” of the Owner. The project agreements did not contain any...
A laborer was injured when he fell from scaffolding that collapsed while he was performing masonry work. He sued a number of entities and individuals involved in the project for Wegmans Food Markets. Aeroteck, Inc. is one entity that was sued based on its having...
A county retained an engineer to design a wastewater treatment plant, and under separate contract the county hired a construction contractor to build the plant. Part of the design called for two pumps. After construction, the pumps failed, and the concrete floor in...
Statute of Limitations for causes of action for negligent supervision and breach of engineering contract are both deemed professional malpractice claims subject to a three year statute of limitations for negligence actions, and began to run when firm completed its...
In a decision we previously reported on (see our article link), a federal district court granted summary judgment to two engineering firms, concluding as a matter of law that the allegations in the complaint did not raise questions of negligence to be determined by...
When an employee of a landscape subcontractor was injured in a crane accident he sued the project’s roofing contractor (“KJC”) and the architect, Skidmore, Owings and Merrill (“SOM”). Architect was entitled to summary judgment to enforce the indemnity clause in the...
Subcontractor’s employee was injured by falling into an expansion joint in a concrete floor that the prime contractor failed to adequately cover with plywood. This employee sued the prime contractor for his injuries. An indemnification clause in the subcontract...
Pursuant to the indemnification clause of a subcontract, the subcontractor owed its prime contractor a duty to defend against a third party negligence claim. The duty arose when the claim was made. Citing the important case precedent of Crawford v. Weather Shield, the...
A fire marshal was injured while conducting an inspection at an office building under construction. In suing the building owner, he alleged he tripped on a pile of construction debris. The owner filed an indemnity claim against its fire sprinkler contractor (“STT”)...
A design-build contractor made changes to the size of steel supports for a bridge contrary to the design specifications and without approval of design engineer. It then built the bridge despite being advised of the non-conformities by its two subcontracted engineering...
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