News & Analysis as of

Contractors Negligence Subcontractors

Hanson Bridgett

Taking Responsibility: Who’s At Fault? Lorenzo Court Says Everyone

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A recent court ruling raises questions and concerns over the scope of liability owners and contractors may face when a subcontractor's employee is involved in an off-site accident during the course of construction. ...more

Adams & Reese

South Carolina Ruling Has Major Implications on Indemnity Provisions and Collateral Estoppel

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South Carolina contractors need to be aware of a recent decision by the South Carolina Court of Appeals that clarifies the landscape for indemnity provisions in contracts and introduces critical consideration regarding the...more

Bradley Arant Boult Cummings LLP

Alabama Supreme Court Overturns Directed Verdict in Workplace Injury Lawsuit

On November 8, 2024, in Marina v. Bama Reinforcing, LLC, the Alabama Supreme Court addressed a trial court’s directed verdict on an injured construction worker’s negligence action. The worker was employed as a concrete...more

Kennedys

Recent First Department decision revisits duty of care and common law negligence

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The Appellate Division of the State of New York, First Department recently reversed a lower court decision, holding that a subcontractor did not owe a duty of care to a plaintiff working on a jobsite and therefore, determined...more

White and Williams LLP

Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case

In Allstate Veh. & Prop. Ins. Co. v. Glitz Constr. Corp., 2023 N.Y. App. Div. LEXIS 1180, 2023 NY Slip Op 01171, the Supreme Court of New York, Appellate Division, Second Department (Appellate Court), considered whether a...more

Snell & Wilmer

No Longer Foreseeable? Cal-Am’s Impact for the Construction Industry

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Clarifying its case law, Arizona’s Supreme Court further limited when foreseeability can establish a duty for tort liability in its recent Cal-Am opinion. Key for contractors and design professionals, while the decision could...more

Porter Hedges LLP

The Texas Supreme Court Clarifies The Scope Of The General Contractor’s Duty Of Care To Subcontractor Employees

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In a recent case, the Texas Supreme Court addressed the scope of the general contractor’s duty of care to its subcontractors’ employees on the project site. In JLB Builders, L.L.C. v. Hernandez, the Court upheld the trial...more

Clark Hill PLC

Limit of a General Contractor's Liability Under the Common Work Area Doctrine

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The Court of Appeals, in the recent decision Cockfield v. Sachse Construction & Development Corporation, et al., has again analyzed the affirmative obligations a general contract has to ensure the safety of subcontractors’...more

Gray Reed

Your MSA is in Place – Now What?

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Are you an operator who hires contractors on location, … a contractor who hires subcontractors, … the party to be indemnified for injuries to the other party’s employees? This post is for you. Salas v. Allen Keller...more

Carlton Fields

“Contractor?” I Do Not Think That Employers’ Liability Exclusion Means What You Think It Means

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Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started...more

Stinson LLP

Colorado Supreme Court: Construction Lender's Subsidiary Is Not a Subsequent Purchaser - Negligence Claim May Not Be Asserted...

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Lenders and contractors may want to take additional precautions before they take title to a newly constructed home through foreclosure (or deed in lieu of foreclosure) following a recent decision by the Colorado Supreme...more

Carlton Fields

Construction Case Law Update - January, 2015

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FLORIDA STATE CASES - Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car...more

Carlton Fields

Construction Case Law Update - September #2 2014

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FLORIDA FEDERAL CASES - - Contribution, Equitable Subrogation, and Breach of Contract – Insurer adequately alleged elements of contribution, equitable subrogation, and breach of contract claims in construction defect...more

Baker Donelson

Texas Supreme Court Reinforces that Subcontractors May be Liable to Property Owners

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On August 22, 2014, the Texas Supreme Court ruled that both the trial court and the court of appeals improperly dismissed a property owner's claim for negligence against a subcontractor for improper plumbing installation in...more

Porter Hedges LLP

"Construction Alert" Texas Supreme Court Confirms Owners May Bring Negligence Claim Directly Against Subcontractors

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Several cases have held that a homeowner cannot sue a subcontractor for defective work because the homeowner’s contract is with the general contractor and not the subcontractor. Those cases left it to the general contractor...more

Dickinson Wright

Arizona Legislature Adds New Limits On Indemnification In Public Construction Contracts

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For many years, the Arizona Little Miller Act and the Arizona Procurement Code (A.R.S. § 34–226 and A.R.S. § 41-2586, respectively) prohibited a party from being indemnified, held harmless or defended to the extent of its own...more

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