The project was a new construction of a four-story, 450-unit apartment complex. A workman was removing scaffolding in an elevator shaft and fell three floors. He sustained a traumatic injury and permanent disabilities, so the claim was large. The workman was an employee of a Scaffolding Specialty Contractor. He was working as a Sub-Subcontractor to the Plastering Contractor who had a contract with the General Contractor. The General Contractor had a contract with the Developer/Owner.
PFCS was hired by the attorneys for the General Contractor as a consultant and expert witness to analyze all available project information and to testify regarding the standard of care for a general contractor on a multi-employer work site.
PFCS analyzed the construction site incident using contemporary written documentation as well as a testimony from numerous witnesses. We analyzed the contract documents and the applicable standards for safety on multi-employer construction worksites.
We composed a report which included:
A response to each of the allegations in the complaint
Five top-level conclusions that were each backed by 5-20 supporting points drawn from the underlying project data and industry standards
- A 61-slide trial presentation of our analysis and findings that contained a step-by-step detailed contract and OSHA standards analysis, including what we call a “Contracting 101 - Roles & Responsibilities Analysis.”
- The Injured Party, a “Competent Person” and Foreman who was trained in safety and fall protection, negligently executed the work in an unsafe manner.
- The Injured Party’s supervisor, negligently directed him to proceed with unsafe work.
- The General Contractor performed within the standard of care for a “Controlling Employer.”
- The General Contractor did not specifically direct or request the Scaffolding Sub-Sub Contractor to [perform the work that led to the fall].
- The Scaffolding Sub-Sub Contractor is ultimately responsible for ensuring safe execution of their own work.
After our work was delivered in sworn deposition testimony, the matter was settled favorably.