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Negligence
Negligence
Recent Issues
CONSTRUCTION MANAGER ADMINISTERED SAFETY PROGRAM BUT WAS NOT LIABLE TO WORKERS
A construction manager assumed contractual duties to the project owner to administer a safety program at the job site. But, the contract documents exculpated the CM from liability to injured workers and instead, assigned responsibility to the controlling employer, the construction contractor.
DESIGN/BUILD OWNER COULD NOT SUE DESIGNERS
The owner of a design/build project could not sue design subcontractors for negligence. The “economic loss rule” barred such suits. The project owner’s remedies were strictly contractual, even though the owner did not have a direct contract with the designers.
CLIENT’S REMEDY AGAINST ENGINEER LIMITED TO CONTRACT
The client of an engineering firm could not sue the engineer for negligence when the loss was limited to physical damage to the project itself. The client’s remedies were defined under the contract.
COMPLIANCE WITH GOVERNMENT SPECS RELIEVED CONTRACTOR OF CONTINUING OBLIGATION
A highway contractor that completed a project in accordance with the drawings and specifications of the contract had no continuing duty to rectify dangerous conditions or warn the motoring public of dangerous conditions at the site.
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