Schedule a Consultation The New York legislature has proposed bill A05026 wherein General Obligations Law Section 5-322.1 would be amended to forbid an agreement to indemnify a promisee for damages caused by third party negligence. Section 5-322.1 already forbids indemnification agreements that seek … Continue reading
Category Archives: Injury
Legislature contemplates whether builders of one family residential homes should be exempt from Labor Law 240 and 241
Bill A02866 proposes that builders of new one-family residential homes will be given the same “exemption” from liability for Labor Law 240 and 241 claims that owners of one-family residential homes have enjoyed for years. Vincent T. Pallaci is a … Continue reading
Construction Manager Liability
For the purposes of Labor Law §§ 240 and 241, construction managers are typically not deemed a contractor or agent of a contractor. Borbeck v. Hercules Construction Corp., 48 A.D.3d 498 (2nd Dep’t 2008). However, if a construction manager has … Continue reading
What to do if someone was injured on your construction site in New York
Injuries are an unfortunate part of construction. Whether it is an injured worker or just someone passing through, injuries can have a devastating impact on contractors. After dealing with the immediate medical needs, the contract must turn its attention to … Continue reading
Failure to Timely Notify Insurance Carrier of Injury on Construction Site Results in Denial of Coverage
In QBE v. D. Gangi Contracting Corp. the Appellate Division, First Department, addressed the all too common problem of an insured contractor failing to provide its commercial general liability insurance carrier with timely notice of the plaintiff construction worker’s injury. … Continue reading