October 17, 2012

Contractor liability.



Practice point: A contractor that performs its work in accordance with contract plans is not lliable unless those plans are so patently defective as to place a contractor of ordinary prudence on notice that the project, if completed according to the plans, is potentially dangerous.

Student note: As a general rule, a builder or contractor is justified in relying upon the plans and specifications which he has contracted to follow.

Case: Nichols-Sisson v. Windstar Airport Serv., Inc., NY Slip Op 06788 (2d Dept. 2012).


Tomorrow’s issue: A civilian’s liability for providing information to law enforcement.