[4] In the reasons for judgment of the Court of Appeal, Justice Hourigan agreed with the motions judge that the «occurrence» causing property damage in this case was the scratching of the windows
caused by the contractor's employees and not the presence of airborne cement debris.
When a workplace accident is
caused by a contractor, equipment supplier or driver who is not employed by your employer, you have a third - party claim.
Many all - risks insurance policies exclude damage
caused by a contractor's faulty workmanship.
But if your accident was
caused by a contractor, equipment supplier or driver not employed by your company, you may be able to obtain additional compensation.
The Court also rejected the contractor's claim that the municipality could not collect liquidated damages because it was at least partially at fault for the delays in completing the project, clarifying that, if a contract provides for an extension of the contract's termination date, due to delays not
caused by the contractor, then collection of liquidated damages is not strictly abrogated under Connecticut law.
Not exact matches
To the fullest extent permitted
by applicable law, you agree to indemnify, defend and hold harmless Daily Harvest, and our respective past, present and future employees, officers, directors,
contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «Daily Harvest Parties»), from and against all actual or alleged Daily Harvest Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys» fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, «Claims»), including, but not limited to, damages to property or personal injury, that are
caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party's use or misuse of the Sites or Products provided to you.
Non-GMO Project and / or its officers, directors,
contractors, employees, distributors, advertisers, sublicensees, agents, and / or attorneys shall not be liable for damages or losses of any kind arising out of or in connection with the use or performance of information provided on or in connection with or obtained from the Website, including without limitation, damages or losses
caused by reliance upon the accuracy or timeliness of any such information, or damages incurred from the viewing, distributing, or copying of those materials.
A number of factors could
cause actual results or outcomes to differ materially from those indicated
by such forward - looking statements, including but not limited to, (1) our ability to open new restaurants and food and beverage locations in current and additional markets, grow and manage growth profitably, maintain relationships with suppliers and obtain adequate supply of products and retain our key employees; (2) factors beyond our control that affect the number and timing of new restaurant openings, including weather conditions and factors under the control of landlords,
contractors and regulatory and / or licensing authorities; (3) changes in applicable laws or regulations; (4) the possibility that the Company may be adversely affected
by other economic, business, and / or competitive factors; and (5) other risks and uncertainties indicated from time to time in our filings with the SEC, including our Annual Report on Form 10 - K filed on March 30, 2016 and our Quarterly Report on Form 10 - Q filed on August 15, 2016.
An error
by a private
contractor caused the outage.
NHTSA personnel and
contractors use PII about individual car buyers / lessees and sole proprietor salvage auctions and disposal facilities to: (1) determine if individual transactions satisfy CARS program requirements; (2) send information about eligible transactions to a DOT financial management system to process vouchers and
cause dealers to be paid
by DOT / NHTSA for eligible transactions; (3) compare dealer - entered information in the CARS Database System to purchaser and transactional information already within the system to ensure compliance with program requirements and for audit purposes; (4) confirm proper disposal of trade - in vehicles; and (5) prevent, identify, and investigate program violations and fraud.
(j) The
Contractor shall at all times keep the site of the work on the vessel free from accumulation of waste material or rubbish
caused by its employees or the work.
A delay
caused by a strike or
by picketing which constitutes an unfair labor practice is not excusable unless the
Contractor takes all reasonable and appropriate action to end such a strike or picketing, such as the filing of a charge with the National Labor Relations Board, the use of other available Government procedures, and the use of private boards or organizations for the settlement of disputes.
If required
by the Contracting Officer, the
Contractor shall execute a formal assignment or transfer of the claim, demand, or
cause of action.
Prohibited acts.A credit services organization, a salesperson, agent, or representative of a credit services organization, or an independent
contractor who sells or attempts to sell the services of a credit services organization shall not: (1) Charge a buyer or receive from a buyer money or other valuable consideration before completing performance of all services, other than those described in subdivision (2) of this section, which the credit services organization has agreed to perform for the buyer unless the credit services organization has obtained a surety bond or established and maintained a surety account as provided in section 45 - 805; (2) Charge a buyer or receive from a buyer money or other valuable consideration for obtaining or attempting to obtain an extension of credit that the credit services organization has agreed to obtain for the buyer before the extension of credit is obtained; (3) Charge a buyer or receive from a buyer money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer if the credit that is or will be extended to the buyer is substantially the same as that available to the general public; (4) Make or use a false or misleading representation in the offer or sale of the services of a credit services organization, including (a) guaranteeing to erase bad credit or words to that effect unless the representation clearly discloses that this can be done only if the credit history is inaccurate or obsolete and (b) guaranteeing an extension of credit regardless of the person's previous credit problem or credit history unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit; (5) Engage, directly or indirectly, in a fraudulent or deceptive act, practice, or course of business in connection with the offer or sale of the services of a credit services organization; (6) Make or advise a buyer to make a statement with respect to a buyer's credit worthiness, credit standing, or credit capacity that is false or misleading or that should be known
by the exercise of reasonable care to be false or misleading to a consumer reporting agency or to a person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit; or (7) Advertise or
cause to be advertised, in any manner whatsoever, the services of a credit services organization without filing a registration statement with the Secretary of State under section 45 - 806 unless otherwise provided
by the Credit Services Organization Act.
VetLIVE.com, LLC, its licensors, its suppliers, its
contractors, or any third parties mentioned on the VetLIVE.com, LLC Site are not liable for any personal injury, including death,
caused by your use or misuse of the Site, Content, or public areas.
The Foster Home also agrees to indemnify and hold harmless One Love, its officers, volunteers, agents, employees,
contractors and representatives from any and all losses, fines, claims or damages, including reasonable attorneys» fees, arising out of or relating to the foster animal or his / her voluntary foster care of such animal, including any claims for injury or damage to persons or property
caused by the foster animal.
The Foster Home also agrees to indemnify and hold harmless Partnering for Pets, Inc. its officers, volunteers, agents, employees,
contractors and representatives from any and all losses, fines, claims or damages, including reasonable attorneys» fees, arising out of or relating to the foster animal or his / her voluntary foster care of such animal, including any claims for injury or damage to persons or property
caused by the foster animal.
Scotiabank and its Program Providers, their affiliates, employees, agents or
contractors are not liable or responsible for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or
caused by the fulfillment or non-fulfillment of services (including rewards) under this Program.
Scotiabank and its Program Providers (including HRG), their affiliates, employees, agents or
contractors are not liable or responsible for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or
caused by the fulfillment or non-fulfillment of services (including rewards) under this Program.
Sometimes they're the result of hackers and dataminers, other times they're
caused by rogue employees or
contractors, and occasionally they just happen
by accident.
The city council looked at their emissions as a result of fuel for their fleet of cars and trucks and running City of Sydney events (9 % of total), energy emissions from the likes of street lighting and City owned properties (72 %) and then all other emissions such as those
caused by the City's operations, including
contractors and business travel - taxis, flights, etc (19 %) For the financial year of 06 - 7 this gave them a total of over 48,500 tonnes of greenhouse gas emissions.
During the warranty period, if the owner finds a defect or repair to the roofing, which is
caused by something other than ordinary wear and tear, the
contractor can be legally bound to fix it free of cost.
If your injury occurred due to the negligence of a third party, such as a construction site injury
caused by an independent
contractor, you could sue the responsible party for additional damages in a personal injury lawsuit.
Serna v. Pettey Leach Trucking, Inc. (2003) 110 Cal.App.4 th 1475, 1486 is among recent cases to state that XYZ is vicariously liable for the negligent acts of ABC in that instance: «Hence, the rule is that a carrier who undertakes an activity (1) which can be lawfully carried on only under a public franchise or authority and (2) which involves possible danger to the public is liable to a third person for harm
caused by the negligence of the carrier's independent
contractor.
Negligence -
by either the employer, worker, or a third party such as an equipment manufacturer or
contractor - is almost always the ultimate
cause of refinery explosions, fires, asphyxiation and other life - threatening incidents.
Where goods are being hauled pursuant to contract with such an entity (i.e., a mere customer), the following rule would generally apply: «As a general rule, a hirer of an independent
contractor is not liable for physical harm
caused to others
by the act or omission of the independent
contractor.»
Sometimes these accidents are
caused by the negligence of an employer, a general
contractor or someone else on the worksite.
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.
For instance, in R. v. Scrocca, 2010 QCCQ 8218 (CanLII), a Quebec landscape
contractor was sentenced to a two year conditional sentence (house arrest) for criminal negligence
causing the death of a worker who was struck
by a backhoe that had not been maintained.
If you suspect your construction accident was
caused by someones negligence (a
contractor or supervisor), The Cochran Firm can help.
The trial judge accepted the expert evidence of the
contractor that the over-deflection, cracking of the slabs and bending of the rebar was not
caused by defective design.
The insurer relied upon the Alberta Court of Appeal decision in Ledcor Construction Ltd v. Northbridge Indemnity Insurance Co. («Ledcor»), [5] which excluded from coverage the cost of replacing glass windows that suffered damage during the cleaning process
caused by the faulty workmanship of a trade
contractor on the basis that repairing the windows would be «making good faulty workmanship» since the damage was the direct result of the cleaning carried out
by the trade
contractor.
Two of the more likely
causes are that the scaffolding was defective as manufactured or that it was improperly constructed
by the general
contractor's employees.
Can i appeal a traffic ticket that i pleaded quilty to 4 months ago
cause i was told
by the traffic court that only points would be added but now i find out they suspended me for 1 year more... Was denied an occupational license and i am self employed home remodeling
contractor with out being...
Our attorneys have fought for clients who have been injured due to unsafe work conditions, faulty machinery and accidents
caused by independent
contractors.
If your accident was
caused by the negligence of someone not employed
by your company, such as a
contractor or equipment supplier, you have a third - party claim.
Poor safety standards and mistakes
by contractors or inexperienced employees can
cause devastating electric shocks.
Injuries on construction sites can be
caused by the negligence of
contractors, subcontractors, property owners or the manufacturers of parts, tools or materials.
However, Transocean has not appealed Justice Popplewell's decision on whether the day rates clause is a complete code, allowing the
contractor to charge a rate regardless of whether the time needed for the repair has been
caused by its own breach of contract.
The team recently assisted a construction company with an investigation regarding the alleged deposit of waste material; defended a Leeds - based retailer in an asbestos investigation; and advised a property company on damage
caused by the client's
contractors to a listed structure.
Construction — whether of buildings, roads, trenches, mines, or other structures — is an inherently dangerous field of work, but some construction accidents are
caused by negligence on the part of an employer,
contractor, or others.
Because patients do not have a choice except for the ER staff on duty, hospitals can be held «vicariously liable» for damages, even when the patient's injury was
caused by a temporary worker or independent
contractor.
Industrial disasters are rarely accidental are generally
caused by a string of reckless, negligent acts of the premises owner,
contractor, or some other entity involved in the operations of the facility.
In many cases, multiple parties may be liable for injuries
caused by workplace exposure to toxic substances, including
contractors (as in the case above), the original manufacturer, and the employer.
Also, the couple alleges that
contractors recommended
by the insurance company
caused close to a million dollars worth of damage to their home, which...
Where damage is
caused to a visitor
by a danger due to the faulty execution of any work of construction, maintenance or repair
by an independent
contractor, the occupier is not to be treated without more as answerable for the danger if in all the circumstances he had acted reasonably in entrusting the work to an independent
contractor and had taken such steps, if any, as he reasonably ought in order to satisfy himself that the
contractor was competent and that the work had been properly done.
If you suspect that your injuries are
caused by the property owner or tenant or propery
contractor's negligence, talk to us today to review your case.
The harm to the individual is the same, whether the privacy breach was
caused by a member of the covered entity's workforce, or
by a
contractor.
Most
contractors equipment policies cover damage to insured property
caused by a broad range of perils, including flood and earthquake.
If a
contractor is installing new shelves and accidentally drills into a pipe,
causing water damage, the
contractor insurance policy should provide coverage for the repair and all damages
caused by the mishap.