Tarabokia v. Structure Tone, N.J. Super. Ct., Appellate Div. (Nov. 16, 2012) The defendant was the general contractor for an office building construction site. A standard AIA Owner-GC Agreement was used. The plaintiff was an employee of the electrical sub-contractor. He was directed, supervised and controlled solely by his employer, the sub-contractor. Plaintiff suffered permanent [...]
GC’s Duty of Care to Injured Employee of Subcontractor Strictly Limited, Even in the Presence of an OSHA Violation
Bill Tobolsky Moderates Construction Law Educational Program
Bill Tobolsky Moderates Construction Law Educational Program. CHERRY HILL, NJ, May 22 – Tobolsky Law founder and lead attorney William H. Tobolsky, Esq. moderated a panel discussion “DIY Getting Paid Without Messy Litigation”, an educational program designed for business owners in the construction arena. The program was held at the Cherry Hill Library and sponsored [...]
Preserving Evidence On the Jobsite
Preserving Evidence On the Jobsite Many issues can stem from a construction defect, such as a flood, fire, structural failure or hazardous material spill. Delaying repair may impede the critical path of work, result in delays to other contractors and cause the contractor to default on its contract. The contractor may not be able to [...]
Developments Regarding the Completed Operations Exclusion
Developments Regarding the Completed Operations Exclusion William H. TobolskyThe Legal Intelligencer March 13, 2012 In a hypothetical situation, Smith Construction installs stucco on the curbside wall of the Jones Office Building. Six months later, during a severe rainstorm with high winds, the stucco falls off the wall, landing on a pedestrian. Rainwater seeps into the [...]
Evidence Preservation on the Construction Job Site
Evidence Preservation on the Construction Job Site The need to repair construction failures on the job site may often destroy probative evidence of fault, such as material failure, poor workmanship or design defect. In the case of fire, water damage or structural weakness, urgent repairs may be needed to protect life and property. Unrepaired defects [...]
Construction Defect Litigation
Builders can’t bury their mistakes. If you have paid a contractor to build a new home or commercial building, only to discover serious defects that compromise the integrity and value of your property, you want a knowledgeable attorney to help you protect your rights. Construction defects don’t go away, and usually lead to other problems. [...]
