Undocumented Immigrant Entitled to Access to Court to Pursue Personal Injury Action against Contractor

by Kent Holland | May 22, 2017 | Newsletter Article

Where summary judgment had been granted against an undocumented immigrant from bringing a negligence claim against his employer, the state supreme court reversed that decision and held that the courts of the state are open to every person of the state regardless of...

Indemnification Clause Required Indemnification Only for Damages Caused by Indemnitor

by Kent Holland | May 22, 2017 | indemnification clause, Newsletter Article

Where a subcontracted laborer brought personal injury action against a general contractor (GC), the GC filed suit against subcontractor to require it to indemnify it for any damages awarded against it. The laborer alleged he was injured from toxic fumes while...

Construction Manager is not Additional Insured under Contractor’s CGL policy Despite Owner/Prime Contract Requiring Contractor to Name CM as Additional Insured

by Kent Holland | May 22, 2017 | Newsletter Article

A construction contract between a contractor and project owner required the contractor to name the construction manager (CM) as an additional insured under its commercial general liability (CGL) policy. A sample additional insured endorsement with the CM’s name typed...

CGL Coverage for Consequential Damages to Condo Resulting from Rain Intrusion Allegedly Caused by Subcontractor’s Work

by Kent Holland | May 22, 2017 | Newsletter Article

A condominium complex sustained consequential damages resulting from rainwater infiltration from roof leaks and leaking windows, due to alleged defective work of a construction subcontractor. The condo association filed suit against the prime contractor, among others,...

Project Owner Not Liable for Injuries of Employee of Contractor

by Kent Holland | Mar 30, 2017 | Newsletter Article

By Kent Holland A subcontractor’s employee suffered a horrible injury when removing an abandoned railroad bridge. After recovering almost $1.5 million in workers compensation, he sued the railroad company that had hired the prime contractor that hired the...

Prime Contractor not Liable for Injuries of Subcontractor’s Employee where Prime Retained no Control of Individual’s Work

by Kent Holland | Mar 30, 2017 | Newsletter Article

By Kent Holland An employee of an independent contractor cannot generally recover damages from the one who hired the contractor for work-related injuries. One exception to this rule is where the hirer actually retained control of the work or otherwise caused or...