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Subcontractor Property Damage in Texas - Who is Liable?

Avoid the conduct that can create liability for you and your company for a subcontractor's damages or torts.

The successful execution of a construction project depends, in part, on a clear expectation and understanding who bears what risk or risks. All parties, naturally, want to shift risk away from themselves to the extent they can, usually because risk and price go hand-in hand. By reducing risk a party can reduce its price. General contractors, in particular, want to push project risks to subcontractors and try to shield themselves from the latters' damages and torts. But sometimes there is no escaping this liability. This topic will identify when an injured third-party might or might not expect relief from an owner or a general contractor for a subcontractor's damages or torts. The content also explains how contractual provisions, performance, and additional insured coverage can shield general contractors from this liability. This information is essential for all construction project participants who want to understand their project's risk allocation and how they can minimize it to their benefit.

Runtime: 88 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Case Law Review Regarding Liability in Texas to a Third-Party Lessee for Property Damage Done by a Subcontractor

  • The General Rule Regarding Relative Owner, Contractor, and Subcontractor Liability for a Subcontractor's Damages or Torts; Restatement (Second) of Torts 409
  • What Constitutes "Control" for General Contractor Liability Under the Restatement (Second) of Torts 414. Lee Lewis Constr. v. Harrison, 70 S.W.3d 778 (Tex. 2001); Zbranek Custom Homes, Ltd. v. Allbaugh, No. 03-14-00131-CV, 2015 WL 9436630 (Tex. App.-El Paso, Dec. 23, 2015 Pet. Denied)
  • Construction-Law Exceptions to the General Rule Under the Restatement (Second) of Torts Chapter 15 ( 410-429)
  • Other Construction-Law Cases That Illustrate the Assignment of Liability for Subcontractor Damages or Torts

Contractual Provisions That Bear on Assignment of Liability for Subcontractor Damages or Torts

  • Contractual Language That Protects the General Contractor: Dow Chemical Co. v. Bright, 89 S.W.3d 602 (2002)
  • When Contractual Language Will Not Protect the General Contractor: Situations Where the Owner or General Contractor's Liability Is Nondelegable
  • The Import of Texas's Anti-Indemnity Act on Relative Owner/Contractor and Subcontractor Liability

How to Use Insurance Coverage to Protect the General Contractor From Subcontractor Damages or Torts

  • Builders Risk
  • General Liability and/or Contractor's Liability
  • OCIP and/or CCIP
  • Additional Insured Provisions
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Pierre Grosdidier

Pierre Grosdidier

Haynes and Boone, LLP

  • Attorney in the Houston office of Haynes and Boone, LLP
  • Practice emphasizes all aspects of construction and computer litigation
  • Conducts regular seminars and workshops on numerous computer law issues
  • Author of several publications related to the areas of construction and computer law
  • Membership information: Board Certified -- Construction Law, Texas Board of Legal Specialization
  • Council Member: Computer and Technology Section of the State Bar of Texas
  • J.D. degree, University of Texas School of Law; Ph.D. degree, Caltech; B.Eng. degree, McGill University
  • Can be contacted at [email protected], 713-547-2272 or Twitter® @PGrosdidier
  • Web site and publication list: http://www.haynesboone.com/people/g/grosdidier-phd-pierre
David Taubenfeld

David Taubenfeld

Haynes and Boone, LLP

  • Partner in the Dallas office of Haynes and Boone, LLP
  • Practice emphasizes all aspects of insurance recovery and litigation and construction litigation
  • Conducts regular seminars and workshops on numerous on insurance and construction law topics
  • Author of several publications related to the areas of insurance law and construction contracts
  • Achieved the highest rating with Martindale-Hubbell® Law Directory
  • Included in The Best Lawyers in America, Woodward/White, Inc., for Insurance Law, 2013-2017; Named "Appellate Lawyer of the Week" by Texas Lawyer, ALM Media Properties, LLC, December 2, 2013
  • J.D. degree, Southern Methodist University Dedman School of Law
  • Can be contacted at [email protected] or 214-651-5531
  • Web site and publication list: http://www.haynesboone.com/people/t/taubenfeld-david
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Product ID: 399466
Published 2017
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