Archive for the ‘Personal Injury’ Category

Most members of the building profession assume that a homeowner’s claims for construction defects and deficiencies, whether known or unknown, are barred after 10 years. In reality, the cut off for liability is not quite that clear; indeed, the 10 year statute of repose is arguably misnamed and oft times misunderstood. Does it provide limitations? Read the rest of this entry »

On a weekend in spring, the employee of a stucco subcontractor builds makeshift scaffolding to assist in applying a three-coat stucco system to a two-story single-family residence. He has been on the job for three days. He is asked by his employer to work on a Saturday so the project stays on track. Neither the builder nor the architect know anything about the fact that he is working on a weekend, or that he has built this makeshift scaffolding. His foreman turns the corner, sees the scaffolding and insists that the worker immediately remove it because it is unsafe. The worker falls during the removal process and sustains head trauma and permanent head injuries. He remains in a coma. Will you be liable for the injuries he sustained? Read the rest of this entry »