Where a person is injured during the course of a construction project there can be a myriad of contractors that have an involvement in an incident which causes injury. It is not uncommon in litigation to see various contractors and the head contractor involved in a personal inury claim and the courts will be called upon to apportion liability between the various defendants.
A head contractor cannot avoid liability for accidents at a worksite by simply arguing that it engaged an independent contractor. The liability of the head contractor will turn on the activities it has undertaken and the responsibilities it assumes or must assume by virtue of what needs to be coordinated.
A head contractor must also note that the predominant share of liability for an accident can still fall to the head contractor as seen in the recent NSW Court of Appeal decision in Ilvary Pty Ltd t/as Craftsman Homes v Sijuk.
Source and full details : www.gdlaw.com.au
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