Can a Subcontractor Employee File a Personal Injury Lawsuit Against the General Contractor?

Jonathan Rosenfeld | Rosenfeld The general rule in Illinois is that workers’ compensation is an injured employee’s sole remedy for workplace injuries unless certain very limited exceptions apply. 820 ILCS 305/5 states that there is no right to recover for these injuries or death “other than the compensation herein provided.” Of course, the compensation that the statute… Continue reading Can a Subcontractor Employee File a Personal Injury Lawsuit Against the General Contractor?

Washington Supreme Court Confirms and Expands General Contractors’ Broad Duty to Provide a Safe Worksite

Ryan G. Foltz | Gordon Rees Scully Mansukhani Under well-established Washington legal authority, a general contractor has a nondelegable duty to ensure the safety of all workers on a jobsite. First, a general contractor has a general common law duty to maintain a safe workplace. Second, a general contractor has a specific statutory duty to… Continue reading Washington Supreme Court Confirms and Expands General Contractors’ Broad Duty to Provide a Safe Worksite

When is a General Contractor’s License Required for Emergency Remediation Services?

Evan m. Musselwhite | Ward and Smith North Carolina has seen an increase in the need for building repair services following the damage caused by recent hurricanes, including Florence in 2018 and Dorian in 2019. Frequently, these services must be performed on an emergency basis. These services are referred to by many different names but… Continue reading When is a General Contractor’s License Required for Emergency Remediation Services?

Shifting Liability: A Lesson for General Contractors

Jeanette Luna | Goldberg Segalla | May 13, 2019 Imagine this, you, a general contractor based in New Jersey, just secured a project from one of the biggest retailers to do some work at its warehouse in New York. Given the magnitude of the project, part of the work is subcontracted to another New Jersey… Continue reading Shifting Liability: A Lesson for General Contractors

Limit of a General Contractor’s Liability Under the Common Work Area Doctrine

Mark A. Nasr | Clark Hill | March 15, 2018 The Court of Appeals, in the recent decision Cockfield v. Sachse Construction & Development Corporation, et al., has again analyzed the affirmative obligations a general contract has to ensure the safety of subcontractors’ employees working on a construction site.  The answer, consistent with prior Supreme Court… Continue reading Limit of a General Contractor’s Liability Under the Common Work Area Doctrine

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