A/E or contractor liability?
Article Abstract:
Construction defects usually result in liability disputes between contract parties and the City of Charlotte vs Skidmore, Owings and Merrill case illustrates this situation. The pavements which Skidmore designed developed cracks and the city filed a case against the architect/engineer (A/E) and the contractor. The court found the A/E's specifications defective but the A/E argued that the contractor's deviation from the specifications removes his liability. However, the court ruled that the A/E was liable because the contractor was able to prove that Skidmore's defective design caused the damages.
Publication Name: Civil Engineering
Subject: Science and technology
ISSN: 0885-7024
Year: 1992
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Design-build limitations of liability are successful
Article Abstract:
Contracts for design-build projects on petrochemical, process, and power generation facilities have a clause which limits the liability of the contractor to a proportion of the project cost or a value agreed upon by the companies. An example of a court case related to this liability clause is the case filed by Union Oil Co. of California (Unocal) against John Brown E and C. when the completion of a polymer plant for Unocal was delayed. The court dismissed all of the negligence counts due to Unocal's inability to state a claim, and John Brown was cleared of any liability.
Publication Name: Civil Engineering
Subject: Science and technology
ISSN: 0885-7024
Year: 1996
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Employer liability for job-site injuries
Article Abstract:
General contractors may now be answerable for injuries sustained by a worker of a subcontractor or a sub-subcontractor. The worker's compensation statute of Virginia states that injured employees can be entitled to compensation if the employer has been given a written notice of the accident. The employee could, however, serve notice to any statutory employer within the premises if the immediate employer is unavailable. Also, actual notice, instead of a written one, could be a valid basis for claiming compensation.
Publication Name: Civil Engineering
Subject: Science and technology
ISSN: 0885-7024
Year: 1992
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