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Architect’s Duty to Identify Contractor Deviations from Plans Extends to Home Guests

by Kent Holland | May 23, 2011 | Newsletter Article, standard of care

Where an architect designed a house and observed its construction during the construction phase, it had a duty to identify significant deviations from its plans and specifications that impacted the structural integrity of a balcony – causing it to collapse and...

Store Owner not Liable for Injuries Sustained by HVAC Contractor’s Employee

by Kent Holland | Feb 9, 2011 | Newsletter Article

Where a contractor’s employee was injured by falling from a ladder it borrowed from the owner of the location where he was repairing an HVAC system, the court held the owner was not legally responsible for the individual’s injuries because the availability of the...

Personal Injury Case against Engineer Dismissed for Lack of Expert Testimony

by Kent Holland | Feb 9, 2011 | Newsletter Article

Where a pedestrian sued a city and its engineering consultant for negligent design and construction, and failure to warn of a dangerous condition in a sidewalk, a court held that the engineer was entitled to summary judgment.  This was because the plaintiff did not...

Engineer Had No Duty to Warn General Contractor’s Employee of Danger

by Kent Holland | Feb 9, 2011 | Newsletter Article

An engineer was not liable for injuries sustained by an employee of a construction contractor where the engineer’s contract did not make the engineer responsible for site safety and where the engineer did not take any action in the field to supervise or control the...

No Liability under New York Labor Law for Project Owner and Lender where Worker’s Injury

by Kent Holland | Feb 9, 2011 | Newsletter Article

The strict liability imposed by Section 240 of the New Labor Law appears to have been somewhat clarified in the decision of Rupert Blake v. Neighborhood Housing Services of New York City, Inc., 2003 NY Slip Opinion 19690, Court of Appeals (Dec. 2003).  In this case,...
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