
On January 26, a decision by the California Court of Appeals reminded general contractors, and all prime contractors, of how important safety is on a construction jobsite and what liability might apply to their actions. The case in question involved a gas station project where the general contractor hired a subcontractor to build a canopy over the gas pumps. The general contractor then ordered four foot by four foot holes to be drilled and left uncovered in the area of the pumps so that there would be a base for the “bollards,” concrete posts intended to prevent vehicles from hitting the gas pumps. An employee of the subcontractor fell into one of the holes and was injured and the court ruled that the general contractor may be held directly liable because “ordering these holes to be created” and requiring the subcontractor to “conduct unrelated work near them” may have “constituted a negligent exercise of its retained control.” General contractors and prime contractors do have some responsibility for the safety of the employees of subcontractors. This decision is a reminder of that responsibility and general contractors and prime contractors may wish to use this decision as a discussion point in safety meetings. By Bill Harding, Chapter Attorney