Indemnification Obligation of Contractor to Architect for Subcontractor Employee Injury

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...

Engineer Had no Duty to Warn a Contractor’s Employee of Dangerous Condition of Roof

Engineer that was hired by school district prepared plans for certain roof repairs, and also prepared contract documents and bidding documents for use of the school in bidding out the roofing project to contractors.   After award to the low bidder, an employee of the...

Prime Contractor Liable for Injuries to Subcontractor Employee (No Indemnification Recovered)

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...

Site Safety – No Duty of Care Owed by General Contractor to Subcontractor’s Employee

Although contract between the general contractor (GC) and project owner required the contractor to assume supervisory and safety responsibility over the project, the contract also required the GC to require its subcontractors to assume the same responsibilities for...

Safety Consultant May be Liable for Death of Client’s Employee

A safety consultant retained by a California employer owes a duty of care to its client’s workers. The trial court incorrectly granted summary judgment on the ground that the consultant owed no duty of care because its allegedly negligent omissions were not...

Single Employer Site Safety Liability: GC Found Responsible for Acts of its Subcontractor

OSHA fined a general contractor (GC) for violations committed by its subcontractor related to an accident at a construction worksite where two roofers fell over twenty feet and sustained serious injuries when a spruce board used for scaffolding snapped in half. OSHA...

Suit Dismissed with Prejudice because Certificate of Merit not filed with Complaint

A crane operator that sustained injuries when his crane tipped over filed a professional negligence claim against an engineering firm. The complaint was filed two days before the running of the statute of limitations and failed to include a certificate of merit that...

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

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

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

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...