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Subcontractors Liability

Hicks Johnson

Federal Officer Removal: A Primer for Government Contractors

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When a business is served with a state court action, the first reaction is often to consider whether the action can be removed to federal court based on diversity. But for businesses doing work for the federal government...more

Bradley Arant Boult Cummings LLP

Proportional Fault Indemnification Provisions Held Enforceable in Alabama

The Alabama Supreme Court found that an indemnification provision was enforceable that required a subcontractor to indemnify a general contractor on a proportional-fault basis against liability for death or personal injury. ...more

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

Davis Wright Tremaine LLP

Washington Court of Appeals Reaffirms General Contractors' Duty To Maintain Safe Jobsite

If a general contractor thinks its responsibility for ensuring a safe workplace extends only to its own employees, that belief is mistaken. In a recent case, the Washington Court of Appeals made clear that as long as a...more

Marshall Dennehey

Fourth District Court of Appeal Rules Policy Endorsement Prevails Over Main Policy in Case of Conflict

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Colony Insurance Company v. Titan Restoration Construction, Inc., Fla. 4th DCA, No. 4D2023-2908, January 8, 2025 - Colony Insurance Company’s insurance policy with the general contracting company, Titan Restoration...more

Saiber LLC

The Saiber Construction Law Column: December 2024

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The legal concept of “privity of contract” is a common law principle which provides that only parties directly involved in a contract can enforce its terms or be held liable for its obligations. This means that third parties...more

Marshall Dennehey

Defining Sole Negligence: Interpreting Indemnification Clauses

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Diamond Transp. Logistics, Inc. v. The Kroger Co., 101 F. 4th 458 (6th Cir. May 13, 2024) - The Sixth Circuit reviewed an indemnification agreement in a shipping contract to determine the definition of “sole negligence.”...more

Hinch Newman LLP

Insurance Lead Generation Industry Beware: Court Rules Insurer Vicariously Liable for Actions of Independent Contractors and...

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Insurance lead generation industry take note because an Illinois federal court recently held that Allstate violated the Telephone Consumer Protection Act as a result of the actions of its third party, independent contractors...more

Venable LLP

Federal Contractors and Subcontractors May Want to Double-Check the Liability Caps in Their Agreements After This Court Decision

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When two companies negotiate a subcontract in support of a federal government prime contract ("federal subcontract"), they may include provisions capping their liability to each other at specific amounts. In structuring such...more

Frantz Ward LLP

Stick to Supervision: Best Practices For General Contractors to Avoid Liability Under the “Doctrine of Active Participation”

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It has long been established under Ohio law that a construction site is an inherently dangerous workplace and a subcontractor who works at a construction site is engaging in inherently dangerous work. Generally, Ohio law...more

Hinckley Allen

Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work

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As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage?...more

Snell & Wilmer

The Prevalence and Challenges of Loss of Productivity Claims in Today’s Construction Industry

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Losses of labor productivity issues and claims seem to have taken on more prominence in the last few years due to labor shortages, material shortages, and the quickly changing economics and supply change issues affecting the...more

Frantz Ward LLP

The Design Liability Hot Potato: The Spectrum Between Collaboration and Delegated Design

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The Benefits of Collaboration - In today’s construction industry, it is no secret that there is always increasing pressure to speed up schedules and to keep costs down. One key factor that can help achieve these goals is to...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

Hendershot Cowart P.C.

Subrogation Defense for Contractors: What to Do When an Insurance Carrier Sues You

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A homeowner or property owner (your client or customer) files a claim with their homeowners or property insurance for damage. The insurance company then comes after you, alleging it was a construction or design defect that...more

Amundsen Davis LLC

New Changes to Illinois’ Wage Payment and Collection Law Seeks to Pressure General Contractors to Become Union Signatory

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On June 10, 2022 Governor Pritzker signed into law two new amendments to the Illinois Wage Payment and Collection Act (“Act”) that now expose non-union general contractors to liability for the wages of their subcontractor’s...more

White and Williams LLP

Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and...

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In 2700 Bohn Motor, LLC v. F.H. Myers Constr. Corp., No. 2021-CA-0671, 2022 La. App. LEXIS 651 (Bohn Motor), the Court of Appeals of Louisiana for the Fourth Circuit (Court of Appeals) considered whether a subrogation waiver...more

Husch Blackwell LLP

The Government Contractor Defense: 10 Things Contractors Need To Know

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Government contractors facing products liability suits may have a number of unique defenses available them, depending on the government’s role in the alleged act or omission giving rise to the plaintiff’s claimed harm. One...more

Snell & Wilmer

Foreseeing the Future: The Importance of Liquidated Damages Amidst Supply Chain Disruptions

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Construction contract provisions concerning liquidated damages and construction delays are important to consider together. Through a liquidated damages provision, contracting parties agree in advance to the amount of losses...more

Saul Ewing LLP

Massachusetts Federal Court: Contractor and Contractor's Owner Personally Liable for Fraud and Conversion for Failing to Pay...

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A recent decision from the United States District Court for Massachusetts held a contractor and its owner personally liable for failing to pay a subcontractor and held that the contractor was liable for millions in damages to...more

Husch Blackwell LLP

Utah Expands Premise-Owner Liability To Take-Home Asbestos Plaintiffs

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Utah’s Supreme Court recently issued an opinion which dramatically expands premise owners’ liability for asbestos-related injuries. On August 5, 2021, the Court reversed Utah’s Court of Appeals and held that a lawsuit could...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2021

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First Department Finds Exterior Work Over Two Stories Exclusion Did Not Apply To Accident From Work On Lower Floors- Adelphi University hired a general contractor for a construction project to build, from the ground up, a...more

Fox Rothschild LLP

NY Amends Proposed Construction Industry Wage Law, But Burden On Contractors Remains

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New York appears poised to enact a modified version of legislation that would create potential liability for general contractors when their subcontractors fail to properly pay their employees. As noted in our prior...more

Bradley Arant Boult Cummings LLP

Expansion of Premises Liability for Construction Owners

A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner,...more

Farrell Fritz, P.C.

Think Before You Speak: Words and Actions Can Bind You Beyond The Terms of a Previously Agreed Upon Subcontract Agreement

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In a recent case before Justice Andrea Masley, Corporate Electrical Technologies, Inc. v. Structure Tone, Inc. et al., Plaintiff Corporate Electrical Technologies, Inc. (“CET”), a subcontractor, was hired by Structure Tone,...more

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