GC’s Duty of Care to Injured Employee of Subcontractor Strictly Limited, Even in the Presence of an OSHA Violation

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 [...]

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 [...]

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. [...]