Jun Lim Chang v. 37 Plaza LLC
Appellate Division affirms Labor Law sections 240(1) and 241(6) liability against general contractor, disregarding contradictory affidavit as feigned issue of fact.
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Construction Law
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Graves v. Sava Serbian Orthodox Church
Appellate Division affirms Labor Law section 240(1) liability for worker’s fall through unprotected opening and grants property owner unconditional contractual and common-law indemnification against contractor.
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Layout, Inc. v. Heavy Metal Corp.
Second Department reverses summary judgment for property owner in mechanic’s lien foreclosure, finding triable issues about amounts owed in multi-tier construction contract chain.
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Delisle v. FBBT/US Props. — Scaffold Law Liability Granted After Ladder Feet Modified with Tube Socks
The Fourth Department reversed Supreme Court and granted a construction worker partial summary judgment under Labor Law § 240(1) after a CSL Plasma employee duct-taped tube socks over an A-frame ladder’s feet to protect newly installed tile, causing the ladder to slide and injuring the plaintiff.
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Castle v. Swartfiguer — Third-Party Claims Sustained Over Collapsed Basement Staircase
The Fourth Department affirmed denial of a homeowner’s motion for summary judgment dismissing third-party claims after a temporary basement staircase collapsed, holding that the homeowner’s instruction to use as few fasteners as possible raised triable questions about whether he created the dangerous condition.
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Blackmon Mooring v. St. Edward’s University — Third Court Reverses Summary Judgment, Holds Parol Evidence Cannot Transform Cost Estimate into Price Cap
The Third Court of Appeals reversed summary judgment for St. Edward’s University, holding that the parol evidence rule prohibited using pre-contract negotiations to transform a cost-plus contract’s ‘estimated budgetary price’ into a guaranteed maximum price.
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Studio E. Architecture v. Lehmberg — Texas Supreme Court Allows Reassertion of Claims After Certificate-of-Merit Dismissal
The Texas Supreme Court held that a plaintiff may reassert claims against a design professional via amended petition in the same lawsuit after a certificate-of-merit dismissal without prejudice under Section 150.002.
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AVL Test Systems v. Hensel Phelps Construction — Whether Equipment Becomes “Fixed Part of the Structure” for Contractor Licensing Exemption Is a Question of Fact
Fourth District reverses summary judgment for general contractor in $73 million emissions testing equipment dispute, holding that whether the equipment becomes a fixed part of the structure for purposes of the contractor licensing finished products exemption is a question of fact when supported by c
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Cordero v. Ghilotti Construction — Privette Doctrine Bars Subcontractor Worker’s Claim Against Turnkey Contractor for Slip-and-Fall Despite Cal-OSHA Regulation
First District affirms summary judgment for turnkey contractor under the Privette doctrine in suit by injured rebar subcontractor employee, holding that morning site preparation including dewatering does not constitute affirmative contribution under Hooker and that Cal-OSHA regulations are generally