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General Contractor
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Discussion Starter · #1 ·
Did you guys read an article in JLC a woman had to get surgery after 11 sheets of drywall fell on top of her leg when she went to the job-site to check on progress.
Now she is suing the builder for 300k because of it.
The law suit states that she hired a builder to build them a new house and the builder hired subcontractors who delivered sheetrock and leaned against the wall in the construction area. So when she visited the home to check on the progress and was walking through the home near the drywall, sheetrock fell on top of her left leg and she got 80k in medical bills. Now they suing and saying sheetrock should have been clammed and secured to the wall, etc they want 300k.

I don't know how she got inside the house, the job should have been locked up at that point, unless the entry was unlawful and she shouldn't be there to begin with, the builder should not be held liable.

General rule, Places should get locked up every single day at the end of each day and customers or anyone else for that matter other than subcontractors shouldn't be there without the Builder present. Period.

With that said, if the job was open, i.e. no garage doors as I see on some jobs sheetrock is being delivered and there is still no garage doors due to poor management (or doors left open), or front door was left open, signs should be posted No Trespassing, etc.
If the builder didn't meet any of this so to speak General and Basic Guidelines he can be found Negligent for not securing entry to the premises which are under construction.
 

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Box Builder
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Haven't read the article yet but got the email. Major gray area. We're the sheets too vertical and just tipped over on the lady? Bizarre. It's actually amazing more people don't get hurt more often.
 

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Remodel
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It's just a modification to the standard contract - add the language and be done with it. A dozen sheets of drywall leaned against a wall may be a temptation to stand up and have a peek behind - if you haven't stood the stack up straight before, you probably don't appreciate how much it wants to come right over on you.
 

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Butcher of wood and metal
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There is one city here, might be more, that requires a customer to make an appointment to come to the house while it is under construction. Or face being fined . Once again people not taking responsiblity for the things they do and cause. She had no busines even being there without the builder.
 

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Lazy Millennial
Carpenter
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I asked a builder I used to work for about client injuries on site. He said that while the house is locked during off hours even if they get into the house it's written into the contract that they do so at their own risk.
 

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General Contractor
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Discussion Starter · #6 ·
Haven't read the article yet but got the email. Major gray area. We're the sheets too vertical and just tipped over on the lady? Bizarre. It's actually amazing more people don't get hurt more often.
I think that was the case, they put the boards up with not enough tilt, and who knows what the the Homeowner did inside, she wasn't there alone, probably with kids running around all over the place.
 

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Particulate Filter
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Somebody should have just slit her throat while she was trapped under the sheetrock. Case closed.
And get blood all over the new sheet rock? I say smother her with a bag of 90 minute.
 

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Particulate Filter
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All kidding aside in my opinion its the contractors fault. Its our job to protect people from the potentially dangerous situations we create. Also known as an attractive nuisance.

When I leave a job site I unplug guns and saws and take down ladders leaned against the house and anything I think could be a preventable accident. I guess it comes from being a father. I just look around and ask myself if a four year old came in here how could he hurt himself?

As for liability clauses in contracts they may help you with a jury but probably not. Anyone can sue you for anything and if you were negligent then you will pay. Dont give them a leg to stand on so 5o speak...
 

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Champion Thread Derailer
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I agree with what the article suggests that "general contractors should be including a hold-harmless clause to share the responsibility for a safe workplace with subs."

I also agree we should have a clause in our contracts, seen in this article, which states: "The property owner shall indemnify and hold the contractor harmless from all claims, demands, liability, and losses which result from the carelessness, negligence, or failure of the property owner to act in a careful and prudent manner. The contractor shall have the option to intervene in the claim at any level."

The problem is, in my view, we contractors cannot be onsite to baby-sit 24/7, nor does it seem possible to allow for every possible contingency concerning all potential or actual jobsite hazards; therefore, in my opinion, we must not only do whatever we can to secure the site, and all contents, as best we can at all times, but to try and protect ourselves legally (particularly contractually) given today's overly litigious society.
 

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You can't lock out the owner of their own property. Furthermore, the fact that they owned the property has nothing to do with this accident. The GWB was piled up dangerously, and a failure was just as likely to happen during work hours to an electrician or plumber.
 

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There is one city here, might be more, that requires a customer to make an appointment to come to the house while it is under construction. Or face being fined . Once again people not taking responsiblity for the things they do and cause. She had no busines even being there without the builder.
Source? How can a city legally prevent you from entering your property by force of law (fine).

I call absolute BS on this. This is a complete fabrication, and even if legal, would not for a second stand a challenge in the courts
 

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Champion Thread Derailer
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You can't lock out the owner of their own property. Furthermore, the fact that they owned the property has nothing to do with this accident. The GWB was piled up dangerously, and a failure was just as likely to happen during work hours to an electrician or plumber.
No, but as talked about in the article I referenced, we could take better care to protect not only the jobsite from unreasonable hazards, but to protect ourselves legally, as indicated in the article. I just so happen to agree that such a thing would be wise, if we haven't already done so.
 

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General Contractor
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Discussion Starter · #15 ·
You can't lock out the owner of their own property. Furthermore, the fact that they owned the property has nothing to do with this accident. The GWB was piled up dangerously, and a failure was just as likely to happen during work hours to an electrician or plumber.
I lock them out all the time until I OK for them to come and visit, other than that until I get my final payment and I turn over Certificate of occupancy to the Homeowner. Period. I run the job and I control everything who comes and goes and if they don't like it... Fire me and its all yours or go buy a house elsewhere.

Been doing that since I started building homes, and so far this rules have been respected by all customers, after all its for theirs own safety... because if something happens there will not be a lawsuit, there will be the bottom of the garage slab :laughing:
 

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I lock them out all the time until I OK for them to come and visit, other than that until I get my final payment and I turn over Certificate of occupancy to the Homeowner. Period. I run the job and I control everything who comes and goes and if they don't like it... Fire me and its all yours or go buy a house elsewhere.

Been doing that since I started building homes, and so far this rules have been respected by all customers, after all its for theirs own safety... because if something happens there will not be a lawsuit, there will be the bottom of the garage slab :laughing:
Maybe, because maybe they'll sue you for breach.

Maybe they'll be owning your house?
 

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Contractor of the Month
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Haven't read the article yet but got the email. Major gray area. We're the sheets too vertical and just tipped over on the lady? Bizarre. It's actually amazing more people don't get hurt more often.
C'mon, how often do sheets magically fall down?

I've done it myself, went to take a peek at my wires behind the stack of 12 sheets of 8 foot type x and tilted them out a bit, then in slow motion they started to tip over, I tried to shove them back, then quickly got out of the way smashing the painter's toolbox and a flood light.

Never tried that again. :whistling
 

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Contractor of the Month
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Come to think of it I did it twice, I shoved a bail of CVAC pipe behing a stack of drywall in the stud cavity, then I hung my jacket on the pipes and like a game of mousetrap the weight of the jacket pulled the pipes forward, which moved the drywall causing it to collapse on the plan table.
 

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Maker of Fine Sawdust
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Depends on who's house it is. If the contractor took out a building loan to build the house then it is his until the mortgage is turned over to the homeowner. In that case she was trespassing.
 

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I'm a Mac
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Who the hell leans up drywall? A lot easier to lay it flat on the floor, marking and cutting purposes.

Either way, the lady was obviously doing something she shouldn't have been. Thank god for insurance...welcome to America
 
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