LIEB BLOG

How current events impact your business and real estate holdings

Showing posts with label gc. Show all posts
Showing posts with label gc. Show all posts

Wednesday, February 17, 2021

New Law Alert - Contractors Now Exposed for Alterations in Contravention of Building Code

Attention Contractors: If you help your client violate the uniform fire prevention and building code and that violation empedes a person's egress from such building during an emergency evacuation (think fire), then, you can be fined up to $7,500 under new law


This law applies to contractors, architects, subcontractors, construction superintendents, and agents.


Is this fair? Should a contractor have to tell their client no when the client wants something that violates the building code? Are contractors now code enforcement agents?






Monday, February 08, 2021

Construction GCs Should Videotape Their Worksites to Avoid Lawsuits

Typically, when a construction worker gets injured on the job from an elevated fall, it's a slam dunk case against the GC. 


In fact, Labor Law § 240(1) imposes strict or absolute liability on general contractors, owners, and their agents regardless if the injured worker is partially at fault for falls at construction sites. 


The only real defense for the GC is that the injured worker was the sole proximate cause of the accident (called the, "recalcitrant worker" defense). But, how do you prove sole cause when everyone claims different facts? 


We just learned the answer in an appellate division case, Cordova v 653 Eleventh Ave. LLC.


The case was dismissed because "Surveillance footage of plaintiff falling from the ladder demonstrates that" it was solely the injured worker's fault. The ladder didn't move or shake, it was connected to the sidewalk bridge and scaffolding above and tied to the scaffold too. 


Moving forward, GCs should video your construction sites. It can save you a fortune.