Tag: Construction contract

A Mistake You Don’t Want to Make in Your Agreements

It is not uncommon for a company in the business of supplying concrete to use a pumper so that its concrete can get from the truck to the actual pour site. This happens most often when the concrete truck can’t drive close enough to where the concrete is needed. Agreement with Unenforceable Provision In one such instance, a concrete company rented a pumper and was using it at a job site when a construction worker was struck and injured by the pumper’s hose. Claims were filed against both the concrete company and the rental company that supplied the pumper. The ... Read more

6 Ways to Gain an Edge in Construction Disputes

Steering clear of lawsuits, especially those stemming from construction disputes, is always a good idea. To do so, make a point of getting all important agreements in writing. This will avoid miscommunication and selective memories. Do the same with any subsequent modifications. If things aren’t working out, document the problem with written notice to the other side. Then if you reach a point where your disagreement can’t get resolved, remember these pointers to gain an edge if you have to sue: Being a plaintiff rather than a defendant is best. Statistically, juries more often side with plaintiffs. File first – this way you get to choose ... Read more

Who’s Responsible For That Injured Worker

The owners of a barn damaged by hurricane winds hired an independent contractor to demolish the structure. The owners suggested that the contractor stack the old roof panels on the ground. To do this, the contractor decided to have his employees climb on the damaged roof and remove the panels. But in no time, one of them fell through a weakened roof panel. Suit followed, accusing the owners of negligence and of providing an unsafe place to work. Who’s responsible? What makes an independent contractor independent? One who hires an independent contractor is not generally liable for injuries unless he ... Read more