General Duty

Claims Based on General Contract Obligations “Sounded in Negligence” and Were Thus Barred by the Statute of Repose

A project owner has learned that claims based on shoddy work, as opposed to violation of a specific technical requirement, will be deemed to “sound in negligence” and be subject to the statute of repose. In Massachusetts, the statute of limitatio… Read More
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No Liability from General Control of Site, when Worker is Injured Due to Specific Factors under Subcontractor’s Control

The employee of a lower-tier sub was injured, and sued the general contractor with a claim based on the GC’s general duty of safety on the site. The employee’s claim was based on three specific factors leading to his injury: the rebar pieces he w… Read More
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