Owner and General Contractor Liability Under the Exceptions to the Independent Contractor Rule

by Kent Holland | Aug 18, 2015 | Newsletter Article

Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC Where the employee of a roofing subcontractor died after falling from the roof of a Walmart being constructed in Nebraska, Walmart was not liable for the worker’s death under any of the exceptions to the...

Multi-Employer Worksite Doctrine Inapplicable in Utah

by Kent Holland | Aug 11, 2014 | Newsletter Article

By J. Kent Holland, Esq ConstructionRisk Counsel, PLLC The Utah Supreme Court rejected the multi-employer worksite doctrine as incompatible with the governing Utah statute, holding, “The responsibility for ensuring occupational safety under the governing statute is...

Court Excludes Evidence of Subcontractor’s Workplace Safety Violations Because Deceased Worker Was Not its Employee

by Kent Holland | Jun 2, 2014 | Newsletter Article

By James N. Rhodes, Esq. ConstructionRisk Counsel, PLLC The Maryland Court of Appeals affirmed a trial court’s exclusion of expert testimony relating to the violation of state and federal workplace safety regulations, in a negligence action stemming from the fatal...

Employee Injured in Trench Collapse Cannot Circumvent Worker’s Compensation Bar Against Suing His Employer Absent Evidence of Intentional Wrong That Created Substantial Certainty of Injury or Death

by Kent Holland | Nov 27, 2012 | Newsletter Article

Where an employee of a contractor was injured in the collapse of an unshored 25 foot deep trench, he filed suit against his employer – asserting that the exclusive remedy of the workers’ compensation act did not bar the suit due to the exception that is granted under...

Hirer of an Independent Contractor Implicitly Delegates Site Safety Responsibility Other than for Its Own Employees

by Kent Holland | Mar 28, 2012 | Newsletter Article

The general rule that that employees of an independent contractor that are injured in the workplace cannot sue the party that hired the contractor to do the work applies even when the party that hired the contractor failed to comply with workplace safety requirements...

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Owner and General Contractor Liability Under the Exceptions to the Independent Contractor Rule

Multi-Employer Worksite Doctrine Inapplicable in Utah

Court Excludes Evidence of Subcontractor’s Workplace Safety Violations Because Deceased Worker Was Not its Employee

Employee Injured in Trench Collapse Cannot Circumvent Worker’s Compensation Bar Against Suing His Employer Absent Evidence of Intentional Wrong That Created Substantial Certainty of Injury or Death

Hirer of an Independent Contractor Implicitly Delegates Site Safety Responsibility Other than for Its Own Employees

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Owner and General Contractor Liability Under the Exceptions to the Independent Contractor Rule

Multi-Employer Worksite Doctrine Inapplicable in Utah

Court Excludes Evidence of Subcontractor’s Workplace Safety Violations Because Deceased Worker Was Not its Employee

Employee Injured in Trench Collapse Cannot Circumvent Worker’s Compensation Bar Against Suing His Employer Absent Evidence of Intentional Wrong That Created Substantial Certainty of Injury or Death

Hirer of an Independent Contractor Implicitly Delegates Site Safety Responsibility Other than for Its Own Employees

Search

Get the Newsletter

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Contract Guide for Design Professionals

Recent Newsletters

All Newsletters

Risk Management Workshops

Life Skills Workshop Slides

Contract Clauses – Papers and Articles

Construction Risk Management