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May 2011 Construction Law Newsletter

May 2011, vol. 1, no. 1

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In This Issue…

Related Court Cases

Construction Contracts
O'Gorman v. F.H. Paschen
Plaintiff was injured while supervising a construction project at which Defendant company was operating as general contractor, and sued Defendant company on theory of common-law negligence. Court properly found that Defendant had not retained control over masonry subcontractor whose employees left a piece of wood with nail in it near roof hatch. Plaintiff stepped on nail and then fell through roof hatch. Defendant delegated duty for safety of work to subcontractor, and contract did not prohibit delegation.Defendant company did not retain control over subcontractor's conduct. In absence of evidence as to actual or constructive knowledge of subcontractor's allegedly unsafe work methods, no direct liability against Defendant, and thus court properly entered summary judgment for Defendant. (PALMER and McBRIDE, concurring.)

Insurance
West Bend Mutual Insurance Company v. Athens Construction Company, Inc.
Court properly granted summary judgment to subcontractor's CGL insurer and against general contractor and its insurer, finding that written agreement between general contractor and subcontractor did not require subcontractor to name general contractor as additional insured on subcontractor's CGL policy. General conditions and subcontract required plumbing subcontractor to purchase CGL insurance, but only for itself. (DELORT and HARRIS, concurring.)

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