Practice point: A contractor is justified in relying on the plans and specifications which it has contracted to follow.
Practitioners should note that the contractor who performs the work in accordance with the contract plans may not be held liable unless those plans are so patently defective as to put a contractor of ordinary prudence on notice that the project, if completed according to the plans, is potentially dangerous.
Case: Hartofil v. McCourt & Trudden Funeral Home, Inc., NY Slip Op 10585 (2d Dept. 2008)
The opinion is here.
Tomorrow’s issue: Duty of care.
