David Adelstein | Florida Construction Legal Updates Can a negligence argument be created against consulting design professionals or entities that are involved in the inspection of a trade’s work? The recent opinion in Bautech USA, Inc. v. Resolve Equipment, Inc., 2023 WL 4186395 (S.D.Fla. 2023) contains an interesting fact pattern that touches upon this issue. While the case dealt with… Continue reading Negligent Inspection Claim Against Supervising Design Professional/Consultant
Tag: Duty of Care
In Utah, Asbestos Take-Home Exposure Equates to Damages Exposure For Premises Operators and Contractors
Mark Morris and Tyson Prisbrey | Snell & Wilmer In its decision Larry Boynton v. Kennecott Utah Copper, LLC, 2021 UT 40, the Utah Supreme Court found that premises operators owed a duty of care to prevent take-home exposure to asbestos dust not only its employees, but also to independent contractors on the premises. The Court… Continue reading In Utah, Asbestos Take-Home Exposure Equates to Damages Exposure For Premises Operators and Contractors
Issue of Control Dictates Duty Owed to Subcontractor’s Employees
Colin Durham | Framing Issues A general contractor owes a duty of care to its independent contractor’s employees only if the general contractor retains actual or contractual control over the means and methods of the independent contractor’s work according to the Texas Supreme Court. In December of 2013, Jose Hernandez was working for Capform, Inc.… Continue reading Issue of Control Dictates Duty Owed to Subcontractor’s Employees
Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues
Mitchell, Williams, Selig, Gates & Woodyard | October 25, 2019 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., 2019 WL 5295545. The Court addressed Summary Judgment Motions arguing certain… Continue reading Asbestos/Duty of Care: Connecticut Court Addresses Construction Project/Liability Issues
Construction Law Practice Tip: General Contractor Liability for Subcontractor Injury
Pierre Grosdidier | Haynes and Boone LLP | October 26, 2017 AIA Document A201TM, General Conditions of the Contract for Construction (the “General Conditions”), is a form agreement often incorporated into a main contract between an owner and a general contractor.1 The General Conditions place project control squarely in the hands of the general contractor.… Continue reading Construction Law Practice Tip: General Contractor Liability for Subcontractor Injury