Our attorneys have represented general contractors,
construction managers, and subcontractors in construction
litigation. We also have experience representing
CGL and excess insurance carriers in declaratory
judgment actions arising out of construction related
accidents or losses.
Persons who have been injured working in construction
are entitled to benefit from special statutes, such as
state labor laws. In New York, the Labor Law requires property
owners, contractors, and their agents to provide proper
protection to workers employed on a construction site.
However, not every hazard or danger encountered in a construction
zone falls within the scope of the Labor Law so as to render
the owner or contractor liable for an injured worker's
Labor Law sections 200, 240(1) and 241(6) are statutes
governing worksite accidents. Under section 240, if the
statutory required safety equipment is not supplied, is
defective, or fails, the owner and contractor are subject
to strict liability and compensatory damages may be awarded
to a plaintiff in a lawsuit. This statute sets forth the
safety equipment necessary to prevent gravity or elevation
related risks so a construction worker is not injured as
a result of a fall from a height or from being struck by
a falling object.
Our attorneys have successfully litigated construction
site accident cases from intake through trial and have
been successful in motions for summary judgment.
Construction site accidents raise numerous insurance coverage
issues. Our firm has experience in litigating coverage
pursuant to additional insured endorsements and the priority
of coverage between multiple insurers.
Real property development and construction
sometimes result in litigation involving the following
defect, mold litigation, lead poisoning cases, EIFS (exterior
insulation and finish systems) litigation, asbestos, and
indoor air quality (“sick building”). The defense
of these claims requires reliance upon expert testimony
and knowledge of federal and state laws. Construction
disputes may involve contractual claims of delay or disruption
of construction completion, concealed and latent conditions,
design or structural failures, property damage, breach
of contract and misrepresentations.
are a member of the Defense Research Institute.
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