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Construction Site Accidents - Determining Liability

Liability on a construction site depends largely on who is involved in the project. A wide variety of individuals can be involved in a construction project, depending on its size and organization. Many construction projects are based on general contracts, where the general contractor brings in sub-contractors to handle various aspects of the project. Larger projects are often undertaken by construction management organizations, which oversee the entire project. Therefore, a construction project can involve the landowner, designers, engineers, contractors and sub-contractors, construction managers, and suppliers for equipment and materials.

The main determinations in assessing liability are the extent of a party’s control over the premises and the work being completed. Larger projects generally involve a large amount of delegation from the site owner to the general contractor, who in turn delegates work and responsibility to sub-contractors. Therefore, it’s important to understand the duties and responsibilities of individuals involved in a project in order to determine liability:

• Construction Site Owner. The landowner may or may not be considered the construction site’s legal possessor, depending on the amount of control that the landowner grants to the contractor overseeing construction. Liability also depends on the landowner’s degree of control over the premises, as opposed to control over the actual work. The owner or possessor is liable for any injury caused by potentially harmful conditions that the owner knew of or reasonably should have known of. However, this liability does not cover conditions that should have been reasonably obvious to individuals on the site. The contractor’s knowledge of hazards and their duty to avoid them can lessen the owner’s liability.
• General Contractor. General and sub-contractors must maintain a reasonably safe construction site. They have a legal duty to warn individuals of any hazards at the site, as well as any hazards arising from the nature of the work. Contractors are required to ensure that work is proceeding under safe conditions to the degree that they control the work and the site. This duty includes compliance with all safety regulations and the hiring of competent employees.
• “Prime” Contractor. Prime contractors are only responsible for work identified in their prime contract, as opposed to a general contractor’s responsibility for the entire project. Prime contractors are also responsible for any work delegated to sub-contractors and have exclusive responsibility for their payment and work safety.
• Architect or Engineer. Usually, the best way to determine the responsibility of a design professional for a project is to examine their contract with the site owner. Their duties can include observing the project’s progress to ensure compliance with the plans, and site inspection to ensure compliance with safety and code regulations. Design professionals, especially certified professionals, must meet certain standards in the performance of the duties during design and construction. Architects and engineers can be found liable for injuries that are a result of their failure to meet those standards, and any violation of their contract with the site owner.
• Construction Equipment or Machinery Manufacturer. Manufacturers can be held liable for equipment that is improperly designed, constructed, or in some cases improperly maintained. This liability is based on the legal principles that govern defective products, including “no-fault” liability.
• Insurer. All parties involved in a construction project are required to carry adequate insurance coverage, especially in a major project. The site owner or manager can be required to carry liability insurance for the property or premises. Contractors may require workers’ compensation insurance, commercial liability insurance, and employer liability insurance. When assessing legal responsibility for a construction injury, understanding the insurance coverage of each party is a vital issue.

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