Construction Site Accidents: Labor Law 240(1) Claims and Risk Transfers

Three Gallo Vitucci Klar partners will present an overview of inter-related issues that arise in a LL 240(1) claim, using a recent case with an interesting fact pattern as the back-drop. Jessica Clark will outline the general standards and defenses to the two types of LL 240(1) claims, falling persons and falling objects. Corey Reichhardt will analyze an owner, GC, construction manager or prime contractor’s contractual indemnity and/or insurance procurement risk-transfer options against a down-stream subcontractor it has contracted with. He will cover the 3 types of contractual indemnity triggers, the separate insurance procurement provision on which tenders to the subcontractor’s insurers are based and the difference between them. William Parra will discuss tendering to the subcontractor’s insurers, the insurers’ responsive reservation of rights or disclaimers to such tenders and will conclude with a discussion of how the insurer’s already broad duty to defend was arguably expanded under the First Department’s 2018 Indian Harbor decision.