News & Analysis as of

Workplace Injury General Contractors

Gordon Rees Scully Mansukhani

Construction Law Update - First Quarter 2025

GRSM’s Construction Group is pleased to publish the latest issue of our Construction Law Update, a quarterly take on trends of interest to design professionals, contractors, and developers throughout the country....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

Goldberg Segalla

Labor Law Update - Spring 2024

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The plaintiff, a diesel technician, was lying beneath a lifted trailer working on a faulty airbrake system when the trailer fell on him, causing catastrophic injuries. The Court of Appeals affirmed the lower court’s dismissal...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

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 27 2023

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The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club...more

Parker Poe Adams & Bernstein LLP

OSHA Continues to Cite General Contractors for Subcontractors' Safety Violations

According to the Occupational Safety and Health Administration (OSHA), falls continue to be the top cause of employee deaths in the construction industry. Understandably, OSHA views fall protection as an enforcement priority....more

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 2021

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Kenneth Jacobson was injured on a construction site, and he sued the owner of the premises and the general contractor (“GC”). The owner and GC filed a third-party action for contribution against a subcontractor insured by...more

Ward and Smith, P.A.

2019 Construction Conference Insights: Minimizing Liability When Accidents Happen

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Three Ward and Smith attorneys discussed how construction companies could reduce their risk of accidents and limit their liability—an essential consideration for an industry where the work carries inherent risks....more

Snell & Wilmer

Construction Industry Update Regarding Marijuana: Arizona and Nevada Laws Continue to Evolve

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Employers in the construction industry, particularly multi-state operators, may face challenges with new legislation in Nevada and a new case interpreting Arizona’s medical marijuana law. ...more

Parker Poe Adams & Bernstein LLP

North Carolina OSHA Continues to Issue Multiemployer Worksite Citations

Employee falls and other construction hazards continue as a primary source of North Carolina workplace injuries and deaths. Several years ago, North Carolina OSHA increased its citation of general contractors for unsafe work...more

Laner Muchin, Ltd.

Occupational Safety & Health Review Commission Provides Guideposts For Avoiding “Controlling” Employer Liability On Multi-Employer...

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Under the Occupational Safety & Health Administration’s (OSHA) 1999 Multi-Employer Citation Policy, general contractors, construction companies, and other “host” employers can face liability for accidents involving...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

Fisher Phillips

Concussions Aren’t Just a Risk for NFL Players: Hardhats versus Safety Helmets.

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While recently meeting with a group of contractors, I noticed that three large general contractors were requiring their employees to wear safety helmets instead of traditional hardhats, despite the approximately $120 cost per...more

Kilpatrick

New Standard in Texas as to When a General Contractor can Assert a Statutory Employer Defense?

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The 13th Court of Appeals in Edinburg, Texas issued an opinion in February 2018 that would eliminate the statutory employer protection for general contractors in certain circumstances if allowed to stand (Halferty v....more

Jones Day

General Contractors' Workers' Compensation Plan Bars Personal Injury Claims Against Subcontractor

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On July 13, 2017, Houston's Fourteenth Court of Appeals in Berkel & Company Contractors, Inc. v. Lee, 2017 WL 2986856, reversed a $43.5 million jury verdict for a superintendent who lost a leg after a crane collapsed at a...more

Porter Hedges LLP

Construction Alert: "Texas Supreme Court Opinion Impacts General Contractor's Statutory Indemnity Rights Against Manufacturers of...

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The Texas Supreme Court recently issued an important decision regarding the ability of general contractors to seek indemnity from manufacturers of defective products. In Centerpoint Builders GP, LLC v. Trussway, Ltd., the...more

Bracewell LLP

Texas Supreme Court Narrows the Ability of General Contractors to Seek Chapter 82 Indemnity for Product Claims

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On June 17, the Texas Supreme Court further clarified the definition of the word "seller" in Chapter 82 of the Texas Civil Practice and Remedies Code (known as the Texas Products Liability Act), which was intended to provide...more

Carlton Fields

Construction Case Law Update - May 2015

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Contractor/Employee Injury Exclusion under Commercial General Liability Policy - After a worker suffered serious injury at construction site, insurer brought declaratory action seeking judgment that the...more

Spilman Thomas & Battle, PLLC

No Lawsuit for You! When Subcontractors Cannot Sue the General Contractor

Can a subcontractor sue a general contractor over a work site accident? A recent decision by the Pennsylvania Supreme Court loudly and clearly said, "NO." Why not? The court ruled in Patton v. Worthington Associations, Inc....more

Cranfill Sumner LLP

Liability of a General Contractor for Injuries Caused by Negligent Subcontractor

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Because a general contractor is generally in charge of the entirety of a construction project, it is often assumed, and alleged in lawsuits, that the general contractor is legally responsible for the safety of the jobsite. ...more

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