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Construction Manager may be liable to worker who fell through skylight

by Kent Holland | Jun 23, 2022 | Newsletter Article

A worker was injured when he fell through a skylight opening in a roof on which he was working.  He alleged common-law negligence and violation of the New York Scaffolding Act against the construction manager (CM) and project owner.  Appellate court held, on the issue...

Engineer May be Liable for Injuries Suffered by Construction Worker who was Injured on Jobsite

by Kent Holland | May 31, 2022 | Newsletter Article

A construction laborer was injured when part of a floor collapsed on him when he was removing concrete “topping.”  The individual sued the engineer arguing negligence in failing to disclose the dangerous unstable condition and failing to specify that the floor should...

Indemnification Obligation of Contractor to Architect for Subcontractor Employee Injury

by Kent Holland | Sep 19, 2019 | indemnification clause, Newsletter Article

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

by Kent Holland | Aug 13, 2019 | Newsletter Article

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)

by Kent Holland | Aug 13, 2019 | indemnification clause, Newsletter Article

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...
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