Practice point: A construction manager is generally not considered a contractor responsible for worker safety, pursuant to §§ 200 and 241(6). However, he may become responsible if he has been delegated the authority and duties of a general contractor, or if he functions as an agent of the property owner.
Students should note that a party is deemed to be an agent of an owner or general contractor when it has supervisory control and authority over the work being done.
The case is Rodriguez v. JMB Architecture, LLC, NY Slip Op 01990 (2d Dept. 2011
Tomorrow's issue is statute of limitations.
