News & Analysis as of

Construction Site

When is a Right of Entry a Right?

by K&L Gates LLP on

Union officials come on to a construction site arguing that they don't need to comply with Right of Entry laws because they are there to look after a safety concern. You try to get a clear picture of the legal basis of their...more

Hold On To Your Hard Hats: Updates On Construction Site Safety In New York

In New York City, construction of some sort is always moving forward and, as such, worksite injuries and fatalities unfortunately will occur. The Commercial Observer's "The State of Construction Safety" conference on May 4...more

D.C. Remediation Contract Can Trigger Duties to Third Party at Construction Site

by Beveridge & Diamond PC on

In a case highlighting common-law tort duties that can arise from contractual relationships, an environmental contractor at a construction site may be liable to a subcontractor's employee who claims he was injured when...more

Mississippi Court Rejects Expansive Reading of Oral Construction Contracts

In McKean, et. al. v. Yates Engineering, 2015 Miss. App. LEXIS 446 (2015), the Court of Appeals of Mississippi affirmed the Circuit Court’s dismissal of four (4) plaintiffs’ personal injury claims stemming from the collapse...more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #2

by Field Law on

B. There is no vicarious liability for an occupier of land for the negligence of an independent contractor on the basis of agency. Heikkila v. Apex Land Corporation, 2016 ABCA 126 [4191]...more

Eeeek! What To Do When You Find Bones or Human Remains On the Construction Site?

by Burr & Forman on

Last month, authorities in Suffolk, Virginia were investigating a construction site where human bones were found.  Forensic experts were called in to excavate the site and determine whether they were recent or from an old...more

New York Appellate Court Finds New York Labor Law 240(1) Does Not Apply to Plaintiff’s Fall Because the Opening at Issue Was Not...

In Vitale v. Astoria Energy II, LLC, 2016 N.Y.App.Div LEXIS 2867 (2nd Dep’t April 20, 2016), Plaintiff was working as a surveyor at a construction site, verifying the accuracy of the location of approximately 200 anchor...more

Up in the Air: Drones and the Future of the Construction Job Site

Unmanned aerial vehicles, commonly referred to as “drones,” are appearing more frequently in the skies over construction project sites. Drones typically operate from a handheld device, such as an iPhone, and can be...more

Up in the Air: Drones and the Future of the Construction Job Site

Unmanned aerial vehicles, commonly referred to as “drones,” are appearing more frequently in the skies over construction project sites. Drones typically operate from a handheld device, such as an iPhone, and can be...more

Beware: New Rigorous Safety Sweeps of NYC Construction Sites to Begin

On February 12, 2016, New York City Mayor Bill de Blasio and New York City Department of Buildings Commissioner Rick Chandler announced a new aggressive campaign to improve worker safety on construction sites. Specifically,...more

Would OSHA “Punt” on Inspecting an NFL Team?

by Fisher Phillips on

The tragedy this August that claimed the life of one worker and injured another during construction of the new $1.1B Minnesota Vikings football stadium reminded us that serious accidents can happen at any site no matter the...more

Maine DEP Proposes Revisions to Site Law Rules

by Pierce Atwood LLP on

The Maine Department of Environmental Protection (DEP) is proposing revisions to three chapters of its rules under the Site Location of Development Law (Site Law), the statute under which the DEP regulates projects of state...more

Are You Covered? The “Care, Custody, or Control” Exclusion

Spring weather systems, such as the storms that have recently produced significant flooding in Texas, frequently create the necessity for restoration and remediation work. In performing such restoration work, it may be...more

OSHA'S New Rule Increases Protection to Construction Workers in Confined Spaces

Last month, the Occupational Safety and Health Administration (OSHA) added a new rule that provides increased protections to those working in confined spaces on construction projects. The new rule, which goes into effect on...more

Upheld: Injured Subcontractor’s Lent Employee Has No Claim Against Landowner or General Contractor After Choosing Workers’...

by Snell & Wilmer on

In Lee v. M and H Enterprises, Inc., — P.3d —- (decided Apr. 21, 2015), the Arizona Court of Appeals recently clarified why, in most cases, landowners and general contractors are not liable when subcontractor employees are...more

Construction Case Law Update - May 2015

by Carlton Fields on

Contractor/Employee Injury Exclusion under Commercial General Liability Policy - After a worker suffered serious injury at construction site, insurer brought declaratory action seeking judgment that the...more

Project Management Firm Not Liable for Subcontractor’s Injuries

by PretiFlaherty on

The Suffolk (MA) Superior Court, in Rodrigues, et al. v. Tribeca Builders Corp., et al. (Civil Action No. 13-00730-C), recently granted summary judgment to a project management firm retained by a property’s landlord/owner,...more

OSHA Final Rule for Confined Spaces in the Construction Industry

by Seyfarth Shaw LLP on

Last week the Occupational Safety and Health Administration announced and issued a 161 page final rule to increase protections for construction workers in confined spaces. 80 Fed. Reg. 25366 (May 4, 2015), which is effective...more

OSHA Issues New Confined Spaces in Construction Standard

by Sherman & Howard L.L.C. on

OSHA has issued its long-awaited standard on confined spaces in construction. The new rule will take effect on August 3, 2015. Previously, construction contractors only had to comply with minimal training requirements when it...more

OSHA Announces Final Rule for Confined Spaces in Construction

On May 1, 2015, Dr. David Michaels, the head of the Occupational Safety and Health Administration (OSHA), and Deputy Secretary of Labor Christopher P. Lu announced the issuance of OSHA’s long-awaited Confined Spaces in...more

Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding...more

Head Trauma Is A Construction Site Risk

by Howard Ankin on

The U.S. Department of Labor’s Bureau of Labor Statistics reports that approximately 200,000 construction workers are currently employed in Illinois alone. Construction is both a primary industry in the country, and one of...more

Lee v. M&H, Wal-Mart - Court Rejects Lent Employee's Claim Against Special Employer After Employee Obtains Worker's Compensation...

Court Rejects Lent Employee's Claim Against Special Employer After Employee Obtains Worker's Compensation Benefits From General Employer. Plaintiff Lee suffered serious injuries while performing clean-up duties during...more

Company that “met or exceeded many industry standards in its operations” still found guilty of OHSA charges

by Dentons on

Exceeding industry standards does not, on its own, protect employers from health and safety convictions or fines, a recent court decision shows. A roofing company was charged with two offences under the Ontario Occupational...more

Is your Illinois company protecting you against a trenching injury?

by Howard Ankin on

Trenching is an important part of the construction industry. Unfortunately, it is also associated with an elevated rate of injury and death on the job....more

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