by Kent Holland | Feb 9, 2011 | Newsletter Article
For years, general contractors have relied upon the well-settled proposition that a general contractor owes no duty to ensure that an independent contractor performs its work in a safe manner. Elliot Williams Co. v. Diaz, 9 S.W.3d 801, 803 (Tex. 1999);...
by Kent Holland | Feb 9, 2011 | Newsletter Article
In a recent case, Herczeg v. Hampton Township Municipal Authority and Bankson Engineers, the Superior Court of Pennsylvania declined to impose liability on an engineer in circumstances where the complaint alleged that the engineer had actual knowledge of dangerous job...
by Kent Holland | Feb 9, 2011 | Newsletter Article
A painter that suffered serious injury on a U.S. Navy construction project was not entitled to recover against the government for alleged failure to supervise the work of an independent contractor, where the government fulfilled any duty it might have had to supervise...
by Kent Holland | Feb 8, 2011 | duty to defend, Newsletter Article
An engineer’s general liability insurance carrier (“Utica Insurance”) refused to defend a suit against the engineer arising out of the death of a laborer (“Lindsley”) in a trench collapse. It contented that the claim was excluded from coverage....
by Kent Holland | Feb 7, 2011 | Newsletter Article
Under Texas law, a property owner had no liability for the injuries sustained by a laborer employed by the contractor since the owner did not retain any control over the manner in which the work was performed, and it had no actual knowledge of the danger or condition...
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