By: Bruce Cahn

Bruce Cahn — Mon, 07 Nov 2016 19:14:28 +0000

To clarify the decision–under the ELL an indirect employer can be found liable if it had actual control, retained control, or was involved in a common enterprise with the subcontractor when the worker was injured. In this case, the Supreme Court found that Polygon did not have actual control nor was engaged in a common enterprise with the subcontractor. it also found that Polygon was not negligent in causing Mr. Yeatts’ injury. It did, however, find that there was a question of fact as to whether Polygon retained control for ELL purposes due to the contractual language in the subcontract. How that will be resolved is yet to be determined.

Comments on: Court ruling further muddles construction contract negotiations

By: Bruce Cahn