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Construction Manager Liable To Injured Worker Multiple Prime Contracts; Safety

Thursday, June 09, 2005 03:00 pm


The highest court of New York has held a construction manager liable to the injured employee of a trade contractor under the state "scaffold act."

The Massapequa Union Free School District retained Turner Construction Company to serve as construction manager for renovation of an elementary school. The agreement said the CM was responsible for assuring the contractual, statutory and regulatory compliance of all trade contractors. If the CM observed an unsafe condition or practice which jeopardized "users of the properties,"it was required to order the trade contractor to cease work. The District contracted directly with various trade contractors. An employ [...]

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