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Engineer Satisfied State Licensing Requirement by Using Licensed Independent Contractor as its Licensed Full-Time Registered Professional Engineer Manager

by Kent Holland | May 24, 2023 | Newsletter Article

Where a state law requires engineers to designate a full-time person or “manager” as being in “responsible charge” of engineering activities, the state agency responsible for administering the statute found an engineer in violation because it used a used an...

Project Owner Not Liable for Injuries of Employee of Contractor

by Kent Holland | Mar 30, 2017 | Newsletter Article

By Kent Holland A subcontractor’s employee suffered a horrible injury when removing an abandoned railroad bridge. After recovering almost $1.5 million in workers compensation, he sued the railroad company that had hired the prime contractor that hired the...

Prime Contractor not Liable for Injuries of Subcontractor’s Employee where Prime Retained no Control of Individual’s Work

by Kent Holland | Mar 30, 2017 | Newsletter Article

By Kent Holland An employee of an independent contractor cannot generally recover damages from the one who hired the contractor for work-related injuries. One exception to this rule is where the hirer actually retained control of the work or otherwise caused or...

Owner and General Contractor Liability Under the Exceptions to the Independent Contractor Rule

by Kent Holland | Aug 18, 2015 | Newsletter Article

Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC Where the employee of a roofing subcontractor died after falling from the roof of a Walmart being constructed in Nebraska, Walmart was not liable for the worker’s death under any of the exceptions to the...

No Statutory Immunity for Engineer as Agent/Employee of City where Contractor Sued It for Tortious Interference with Contract and Negligence

by Kent Holland | Jun 7, 2013 | Newsletter Article

The engineering firm, Arcadis U.S., and several of its employees, asked the court to dismiss a contractor lawsuit against them on the basis that they were immune from suit because they were acting as agents or employees of the City government when making decisions...
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