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Negligence › Construction Project › General Contractors

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

Gray Reed

Weathering the Storm—Part 1: Understanding Liquidated and Consequential Damages in Construction Contracts

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When project delays occur due to natural disasters, the financial implications can be severe. Construction stakeholders often focus on immediate physical damages while overlooking the potentially devastating impact of...more

Patton Sullivan Brodehl LLP

The Growing Trend of Contractor Negligence Liability Despite Lack of Contract Privity

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Historically, courts typically refused to impose liability for negligence in the performance of a contract unless the plaintiff was a party to the contract. Thus, whenever a contractor provided services at a particular...more

Saiber LLC

The Saiber Construction Law Column: February 2024

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In the April 2023 OnSite issue, the Saiber Construction Law Column discussed a 2022 case in which the Supreme Court of Maryland held that a party who hires an independent contractor is generally not liable to an employee of...more

Saiber LLC

The Saiber Construction Law Column: April 2023

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Under New Jersey law, parties who hire independent contractor are not responsible for harm that occurs to the contractor’s employees as a result of the very work that the employee was hired to perform. In September 2022, the...more

Bradley Arant Boult Cummings LLP

Willful or Wanton Conduct Not Enough to Overcome Economic Loss Rule Says Colorado Court

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n Mid-Century Insurance Co., v. HIVE Construction, Inc., a Colorado court of appeals recently reversed the decision of a lower court that had refused to apply the economic loss rule to a negligence claim alleging wanton or...more

Ervin Cohen & Jessup LLP

Construction Defect Damages May Exceed Cost To Repair

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Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or component. These consequential damages may include damages for loss of use, expenses for mitigation and...more

BCLP

Triple Point v PTT: UK Supreme Court also interprets a contractual cap on liability

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The UK Supreme Court recently handed down a highly anticipated judgment on the interpretation of clauses which pertain to liquidated damages and limitations on a contractor’s liability for damages. Most notably, the Supreme...more

Smith Anderson

Coming to Construction Claims - The Collateral Source Rule

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In another significant opinion from the North Carolina appellate courts, the Court of Appeals recently expanded the application of the collateral source rule to negligence claims arising out of construction disputes in a case...more

Smith Anderson

Contractors vs. Designers - Claims Alive in North Carolina

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North Carolina Courts have held for decades that general contractors can assert negligence claims directly against design professionals in the absence of a contractual relationship between the contractor and the design...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues

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The Superior Court of Connecticut (Judicial District of Hartford) (“Court”) addressed in a September 30th opinion certain issues arising in an asbestos exposure case. See Julian Poce, et al., v. O&G Industries, Inc., et al.,...more

Bradley Arant Boult Cummings LLP

A Second Level of Protection to Indemnitees - Construction and Procurement Law News, Q2 2019

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It is not uncommon for indemnitees to attempt to add language to indemnification provisions providing additional liability protections from the indemnitor. And courts and legislators are wary of language in indemnity...more

Bradley Arant Boult Cummings LLP

Sox Are ‘Slippery When Wet’: Contractor May be Liable for Injury Caused by Work Installed According to Customer Specifications

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An Illinois appellate court recently addressed the scope of negligence liability for a slip and fall injury on a newly installed roof at the Chicago White Sox Stadium. In 2013, a maintenance employee slipped on the roof at...more

Troutman Pepper Locke

Contractor Has No Duty To Indemnify Gas Company For Settlement Paid To Injured Employee Under Florida’s Underground Facility And...

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Peoples Gas Sys. v. Posen Constr., Inc., 2018 U.S. Dist. LEXIS 106427 (M.D. Fla. June 26, 2018) - In 2009 Posen Construction, Inc. (“Posen”), a road construction contractor, entered into a general contractor agreement with...more

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