Either the customer or the service provider may not agree, as a matter of business philosophy, to allowing the other to have a direct right of action
against its subcontractors or other service providers, or the arrangements it has implemented with the subcontractors or other service providers may not provide for such arrangements.
Subrogating
Against Subcontractors.
These third - party claims can arise
against subcontractors at construction sites, manufacturers of equipment and machinery or their operators, property owners, operators of motor vehicles or on rare occasions, against co-workers or supervisors.
This includes negligence claims
against subcontractors, as well as product liability claims against the manufacturers of dangerous equipment or machines that are defective.
representing an international aerospace construction group in an arbitration (SIAC) to claim
against their subcontractors for wrongful repudiation of contract and for defective works
Representation of a surety alleging liability under performance bond in a case in which the general contractor alleged breach of contract, negligent misrepresentation, and violations of CUTPA
against the subcontractor.
If you are defending
against a subcontractor action, you should know that time is of the essence.
Construction partner James Bessey acted for GMI Construction Group in a case arising out of the construction of AESSEAL New York Stadium, bringing an action against the company's employer and then filing a recovery action
against a subcontractor for its part in a technical defect that occurred during the project.
On a construction site, he could claim
against another subcontractor for dropping a beam on him.
Negotiated a favorable resolution on behalf of a developer of a multi-million dollar mixed - use condominium, both as the defendant against claims of significant construction defects, and as the plaintiff in a third - party complaint asserting indemnification and contribution claims
against subcontractor defendants.
- Pursuing subrogation under a builders» risk policy
against a subcontractor whose fault caused a loss always presents distinct legal challenges.
Not exact matches
INDEMNIFICATION You shall indemnify, defend and hold harmless Founding Moms, its officers, agents, employees, contractors,
subcontractors, suppliers and representatives from and
against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature («Claim») arising out of or in the relation to (i) your violation of any law or the rights of a third party (ii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and / or representatives and (iii) your use of the Services.
Murnane replaced SCE with another company, but in November OGS terminated both «as a result of massive contamination of the Project site by Murnane's new
subcontractor,» according to a footnote in a separate lawsuit filed by SCE
against OGS regarding an alleged violation of due process.
Entrants agree to release and hold harmless the Bloggin» Mamas, Heather Lopez Enterprises, LLC, Florida Prepaid, Moore Communications, Twitter, and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting this giveaway, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and
subcontractors (collectively the «Released Parties») from and
against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's entry, creation of an entry or submission of an entry, participation in this giveaway, acceptance or use or misuse of prize.
The Contractor indemnifies the Government and the vessel and its owners
against all claims, demands, or causes of action to which the Government, the vessel or its owner (s) might be subject as a result of damage or injury (including death) to the property or person of anyone other than the Government or its employees, or the vessel or its owner, arising in whole or in part from the negligence or other wrongful act of the Contractor, or its agents or employees, or any
subcontractor, or its agents or employees.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold Amazon, its officers, directors, employees, affiliates,
subcontractors and assigns harmless from and
against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys» fees) that arises from any breach of your representations, warranties or obligations set forth in this Agreement.
We had a
subcontractor commit fraud
against our small business which resulted in us filing bankruptcy.
In 2009, Hawthorn and a
subcontractor admitted they were behind fake letters sent to Congressional lawmakers
against the climate bill, the Energy and Policy Institute, a liberal watchdog group, noted in a Thursday blog post.
An immigration lawyer can revise employment, independent contractor and
subcontractor agreements to help safeguard your corporation
against this liability.
Obtained Arbitration Award for structural steel
Subcontractor client
against General Contractor on a public works project
We also file personal injury lawsuits
against general contractors,
subcontractors or the makers of defective scaffolding, ladders and equipment.
Daniel Sharma represented a client in damage claim proceedings
against a former
subcontractor before the Regional Court of Stuttgart.
In a complicated construction dispute between window
subcontractor and other construction professionals sued for equitable indemnity and contribution, the Fourth District, Division 1 reversed and affirmed some fee awards
against window
subcontractor after overturning a judgment on the pleadings, affirming a summary judgment as to one party, and giving effect to a prior appellate decision overturning judgments in favor of the parties sued by window
subcontractor.
Lawsuits for a construction injury or a wrongful death caused by a construction accident can be filed
against independent contractors, general contractors, property owners, suppliers of defective scaffolding or safety equipment,
subcontractors or careless heavy equipment operators.
The trial initially resulted in a $ 28.3 million verdict
against the owner, general contractor, and several
subcontractors.
The Court accepted that the
subcontractor would have been legally entitled to judgment
against the director personally for $ 102,932.22 plus interest, plus costs.
In a dispute between a
subcontractor and contractor (2017 ONSC 4417), the solicitor for the
subcontractor negligently failed to advise his client to commence an action
against the contractor's director under s. 13 of the Construction Lien Act.
If your injuries resulted from the negligence of a
subcontractor, a product manufacturer or some outside agency such as a delivery service, you may have grounds to file a personal injury claim
against the liable third party, in addition to a workers» compensation claim through your employer's insurance company.
Successfully represented an insurer in claims
against several
subcontractors to recover payments made under a builder's risk policy arising out of water damage in connection with a construction project of the Dormitory Authority of New York.
Representation of a
subcontractor in a claim
against the general contractor for one of the largest houses in Connecticut, leading to a significant settlement on the eve of trial.
The truth is that while a
subcontractor who is injured on the job will have a harder time recovering compensation than an employee, they still have the option of filing a negligence claim
against the party or parties who's negligence caused their injury (if one exists).
These cases usually require the injured worker to bring claims
against contractors,
subcontractors, developers, owners, material suppliers, architects, engineers, and insurance companies.
Obtained summary judgment
against defaulted
subcontractor in federal court on a $ 160 million wastewater treatment project.
In these cases, the worker will file a suit
against a third - party, such as a
subcontractor or product manufacturer, to seek damages which may supplement their workers» compensation benefits.
In some cases, you might also have a viable claim
against a third party, such as a contractor,
subcontractor, or manufacturer.
Defended Fortune 500 company
against general contractor and
subcontractors» mechanic's lien and other claims arising from solar panel installation project in complex, consolidated California state court cases.
Claiming $ 10 million in compensatory and punitive damages, the plaintiff asserted negligence and wantonness claims
against the tower
subcontractor and claims for vicarious liability, premises liability, and negligent / wanton failure to warn
against AT&T Mobility.
You may also have claims
against negligent
subcontractors.
This decision cuts
against plaintiffs» attempts to make premises owners the effective «insurers» for on - premises work, the nature of which
subcontractors may be more or equally aware.
Accordingly, the White Plains scaffold accident attorneys at our Main Office and the Stamford scaffold accident lawyers at our Connecticut Office will also insure that you have received Worker's Compensation benefits from your employer while your personal injury claim is progressing
against the other parties, including the owner, contractor,
subcontractor and suppliers.
Represented multiple
subcontractors against the general contractor of a federal construction project involving alleged construction defects in insulated foam concrete walls.
Representation of the Resort at Seaside
against a general contractor and some 28 additional
subcontractors, architects, designers, vendors, and material suppliers.
She represents class members
against health insurers in suits related to the denial of mental health / substance abuse treatment benefits and the improper charging of
subcontractors» administrative fees under the guise that they are medical expenses.
A
subcontractor who fails to register a construction lien faces an uphill battle in asserting a claim in unjust enrichment
against the owner.
In Canada, the courts have sometimes shielded
subcontractors from liability, but a recent decision by the Ontario Supreme Court of Justice in Brookfield Homes v. Nova Plumbing has opened the door to recovery
against negligent
subcontractors where the policy language permits it.
The SDI works when the insurance company provides additional coverage to the general contractor
against losses arising out of the default of
subcontractors, replacing the performance bonds of the
subcontractors.
A labor and material payment bond protects the interest of
subcontractors, material suppliers and laborers
against forfeiture of payment from the general contractor.
Managed project accounting by tracking
subcontractor invoicing, internal purchasing and billable hours
against project budgets
Without limiting the generality or effect of other provisions of this Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend Operator and its parents, subsidiaries, affiliates, licensors, suppliers and their officers, directors, affiliates,
subcontractors, agents and employees (collectively, «Indemnified Parties» and each, individually, an «Indemnified Party»)
against all costs, expenses, liabilities and damages (including reasonable attorney's fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your failure to comply with any applicable laws and regulations; and (ii) your breach of any of its obligations set forth in this Agreement.
First, because EIFS homes are aging, the time limits for bringing litigation
against the principal parties — manufacturers, builders, and
subcontractors — are expiring.