Posted By stephen J Smith
I have a client , a sub contractor who employs and schedules work for other sub contractors, who is being sued for an accident on a building site where the principal contractor has allowed an unsafe condition, namely roof trusses not lashed, to fall on a sub contractor employed by my sub contractor, causing the injured party to have 4 weeks off work.

I believe my sub contractor can counter sue the principal contractor, the PC not lashing the trusses prior to my sub contractors subbie working in that area. The PC has sacked the employee who stored the trusses after having undertaken an accident investigation - what do you think.

Posted By David J Bristow
Stephen

I believe the sub contractor that was injured could well be successful in his claim for compensation against the contractor who was responsible for controlling his work.

You may wish to look at case law involving Lane v Shire Roofing (think it was in the eighties) – this may be of relevance in this case.

As to whether the contractor can then sue the Principle Contractor is debateable (I am no expert) – as he was not the one that was injured or suffered loss!

It could well be that the injured person could sue both the contractor and the Principal Contractor !

It may well be, insures acting for the contractor may seek recompense from the insurers of the Principal Contractors.

I hope the above makes sense, but at the end of the day this is why lawyers are paid so highly!!!!!!!!!!!!!!!

Regards



David B