NYS Labor Law & Construction Defect Visit Practice Area →
Hurwitz Fine P.C. had three victories published in The Harmonie’s Group's annual significant cases publication for 2022.
NYS Labor Law Attorney David R. Adams Wins Complete Defense Verdict at Trial for Construction Accident Injury
A defense verdict was obtained by Hurwitz Fine Member David R. Adams for a general contractor and masonry contractor in a three-week unified jury trial. The case involved an accident at a construction site with allegations of negligence and violations of New York Labor Law § 241(6) and § 200. The importance of this victory is that this statute is considered, in many cases, to establish close to strict liability in construction accidents against the contractor and subcontractors.
Labor Law § 200 isn’t flashy, it doesn’t rely on an archaic set of regulations that hasn’t been updated in years, it’s simple and straightforward, yet it repeatedly trips up attorneys who aren’t paying it the respect it deserves. Labor Law § 200 matters, and in this article, attorney Eric S. Bernhardt will tell you why it matters and what needs to be considered when defending a claim under this statute.
Utilizing Common Law Indemnity as a Risk Transfer mechanism in Labor Law cases, this article analyzes when Common Law Indemnity is available, to which entities it is available and how best to either obtain or avoid indemnity depending on your position in the specific situation. Attorney Brian F. Mark also addresses the interplay of Common Law Indemnity with Contractual Indemnity as a Risk Transfer strategy.
Labor Law attorney Timothy Welch offers insight into the potential Labor Law pitfalls for construction managers.
Contractual Indemnification in Labor Law §§ 240(1) and 200 Cases and the Different Applications Between Construction Contracts and Leases
This primer discusses the General Obligations Law §§ 5-322.1 and 5-321 in the context of contractual indemnification claims involving Labor Law §§ 240(1) and 200 cases.
Attorneys Michael J. Dischley and Lawrence M. Ross examine choices made by subcontractors or vendors in selecting commercial general liability insurance coverage that can unexpectedly harm the owner/general contractor, let alone, the subcontractor.
Well written risk transfer clauses are essential in the defense of a construction site accident and may mean the difference between the continuation or failure of an owner’s or general contractor’s family business.
As OSHA Returns to Pre-COVID-19 In-Person Inspections, OSHA Says Employers Must Make Efforts to Find Out If An Employee’s COVID-19 Is Work-Related – But How?
On May 19, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced that it is increasing in-person inspections at all types of workplaces, and it will now enforce the recordkeeping requirements for employee coronavirus illnesses for all employers.
The purpose of the New York Labor Law is to ensure a safe work place by imposing liability on owners and contractors for the failure of an employer to provide a safe place to work. No matter which of the three main sections—§ 240(1), § 241(6), or § 200—was allegedly violated, there are four criteria that will determine the applicability of the Labor Law to the case--do you know them?