Owner Not Liable For Site Safety

by | Feb 7, 2011 | Newsletter Article

When an employee of a contractor was injured on a job site, he sued the owner on the theory that by employing a safety employee for the job site the owner had assumed control and responsibility for the site. The plaintiff, worker, testified that before he was injured...

Action Not Barred by Statute of Limitations Where Contract Required Engineer to Perform Certain Services such as Issuing Certificate of Substantial Completion, after Construction Work was Completed

by | Mar 16, 2012 | Newsletter Article

Although the 3 year statute of limitations for professional malpractice typically begins to run from the date of completion of the professional services rather than the subsequent date of construction completion,  the New York Supreme court found the time for filing...

Indemnity Obligation Not Owed to Client for Claims Partially Caused by Client’s Negligence. Duty to Defend Only Applies to Claims Directly Attributable to Indemnitor’s Actions within Scope of Work

by | Apr 11, 2012 | indemnification clause, Newsletter Article

Where an indemnity clause did not expressly state that the subcontractor was required to indemnify its client, the prime contractor, for all damages including those caused partially by the client’s own negligence, the subcontractor’s indemnification obligations were...