Foley v. Builtech Construction, Inc.

Illinois Appellate Court
Civil Court
Construction Contracts
Case Number: 
2019 IL App (1st) 180941
Decision Date: 
Tuesday, July 23, 2019
1st Dist.
Cook Co., 2d Div,
Reversed and remanded.

Subcontractor's employee was injured while moving rebar used for concrete installation; he sued the general contractor for negligence. Court erred in, after discovery closed, granting summary judgment for general contractor. The issue of whether general contractor retained sufficient control over the subcontractor's work to trigger liability for its employee's injury presents a question of fact. The contract between general contractor and subcontractor required subcontractor to comply with general contractor's own safety rules. A material question of fact arises as to compliance with general contractor's safety rules. (PUCINSKI, concurring; MASON, dissenting.)