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

by Kent Holland | Mar 26, 2019 | Newsletter Article

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

by Kent Holland | Jan 21, 2019 | Newsletter Article

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

by Kent Holland | Jun 25, 2018 | Newsletter Article

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

by Kent Holland | Feb 7, 2018 | Newsletter Article

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

by Kent Holland | Jan 2, 2018 | Newsletter Article

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...
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