Presentation on theme: "Subcontractor Safety Management. Legal Aspects A contract might say, “you must comply with Federal/State Regulations.” Is this enough? Third party lawsuits."— Presentation transcript:
Legal Aspects A contract might say, “you must comply with Federal/State Regulations.” Is this enough? Third party lawsuits General Liability Exposure Documenting Sub-Contractors Observations
Overview Important construction contract provisions: 1.Signed Contract 2.Indemnification Clause 3.Differing Site Conditions 4.Responsibility for Ambiguous and Defective Provisions 5.Scope of Work 6.Scope of Payment 6.Change Orders 7.All Inclusive Clause 8.Notice Provisions 9.Opportunity to Repair 10.Arbitration 11.Communications with Owner and Architect 12.Liquidated Damages
Indemnification Two types of indemnification clauses: Clause that requires one party to indemnify another for certain acts. (AIA 3.18) Clause that requires a contractor to provide insurance that covers indemnification of another party, usually as an additional insured.
“I can’t tell them what to do” “I can’t stop their work even if what they are doing is unsafe” “My responsibility is only to my own workers” “They’re the ones that will get the citation” Common Misconceptions…
Equipment Usage It has been held where a GC provides equipment to a subcontractor, can be held liable if the equipment is negligently assembled, used or maintained and injury occurs. (20 ALR 2d at 890 (1951), Pantaleo v. Ganun, 245 NE2d 618 (1969), and Padilla v. Gulf Power, 401 So2d 1375 (1981))
Second Tier Sub-Contractors 8 Would you allow for contractors to hire contractors?
Multiemployer Worksites On Multi-employer Worksites, citations are issued to employers whose employees are exposed to hazards The employer who creates the Hazard The employer who is responsible for conditions The employer responsible for correcting the hazard Additionally
“Reasonable Care” is Required Know Safety History 12