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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...

Construction Manager not Responsible for Injuries to a Contractor’s Employee where it had no Ability to Control the Contractor’s Activity

by Kent Holland | Jan 2, 2018 | Newsletter Article

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

by Kent Holland | Jan 2, 2018 | Newsletter Article

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...

Common-Enterprise Defense Prevents Employee that Recovered Workers Compensation from also Recovering from Other Contractor

by Kent Holland | Nov 15, 2017 | Newsletter Article

An employee of a general contractor was electrocuted while working alongside employees of a subcontractor to move sections of pipe culvert in a streambed. This apparently occurred because a crane being operated by the subcontractor contacted an electrical wire. His...

Architect/Design-Builder Responsible for Construction Subcontractor’s Site Safety

by Kent Holland | Sep 26, 2017 | Newsletter Article

On a design-build project where an architect held the prime contract under DBIA forms 530 and 535, it was liable for overall site safety – including that which it had by subcontract expressly delegated to its construction subcontractor.   Because the language of the...
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