Construction Accident Law: A Comprehensive Guide to Legal Liability and Insurance Claims

Front Cover
American Bar Association, 1999 - 726 pages
Twenty years ago, there were 2500 lawyers in China, basically no legal system, and law schools and law libraries had either been closed or destroyed. It was one of the poorest countries in the world with an adult literacy rate of one-third. Today, illiteracy has dropped to below 10 per cent, consumption has more than doubled, and China has exploded as a major economic force in the global community, with the USA alone investing billions of dollars, aside from pursuing an increasing number of untapped markets. Now with more than 100,000 lawyers and mandated Rule of Law, China has enacted a multitude of new laws, regulations, and orders that must be understood if one wants to do any kind of foreign investment or trade in that country. This work is a guide to the complex laws of China. It opens with a survey of the historical development of China's contemporary legal system, and provides a summary of Chinese legislative and regulatory institutions and their functions. It also gives an overview of the judiciary and the many forces affecting China's evolving legal system.
 

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This book is NOT about foundations of China's legal system at all, contrary to the blurb appearing as a review at Google books about this book on 3 October 2007. It is about building trades insurance in the U.S., quite in contradiction of: "This work is a guide to the complex laws of China. It opens with a survey of the historical development of China's contemporary legal system, and provides a summary of Chinese legislative and regulatory institutions and their functions." 

Selected pages

Contents

1
11
CHAPTER 2
12
While the doctrine of superintendence might expose the general
21
property objectionably and with impunity merely by employing
23
factor was whether the employer controlled the means or methods
35
independent contractor a nondelegable duty of due care when the
44
On the other hand other states that replaced their
54
CHAPTER 3
55
that a reasonable person familiar with the size of the
379
inspection warrant must be balanced against the possibility that the
387
standards and so was not under OSHA jurisdiction In
402
that scheduling of work alone would be sufficient to bring
409
2 State Plans
417
2 Shall comply with the rules regulations
418
D SAFE WORKPLACE STATUTES
420
also
423

with legal impunity allow the danger to remain uncorrected
67
6 That the condition of the property was a proxmiate
72
and outside the land by the dangerous character of the
85
It was up in the beam It
95
the construction must be substantial in order to impose liability
115
ployer he sued the plant owner under a theory
117
Regal Pale Brewing Company298 the supreme court explained
135
the inherently dangerous work exception335 Beginning in the early 1980s
141
number of states have ruled that the principal of an
142
The rule is not unanimous as at least six
143
ers407 Owners and general contractors obviously differ in their
157
In the first paragraph previously quoted the Valdez courts
178
the work was done Accordingly we find no
182
the work Section 416 titled Work
189
reader unfamiliar with the law in this field Merely
190
However most cases hold that evidence of a violation
205
F DEFENSES TO LIABILITY
211
660 A corollary to the acceptance doctrine is that a
217
CHAPTER 4
218
Finally where the CMs employees assist a trade contractor
229
2 Statutory Defenses
231
The plaintiff sued Philip E Schafer Testing Laboratories Inc
249
CHAPTER 5
250
is not well articulated It may stem from the
255
Sources of Claims
262
The cliff gave way and the truck plunged forty feet
273
101
277
CHAPTER
317
the injured party if they caused the injury or death
324
cally claims of employer tort liability have been rejected
325
agree that persons hired by the SUBCONTRACTOR or by the
333
notwithstanding the uncontroverted fact that the subcontractors are
334
noted most courts agree that the contractor is a
337
hold that the contractor retains statutory employer status even if
350
be taken These acts further provide that failure to
363
CHAPTER 7
364
A INTRODUCTION
368
Occupational Safety
369
B FEDERAL OCCUPATIONAL SAFETY
370
are causing or likely to cause death or serious physical
376
to determine whether the contractor had adequate notice of what
378
274
430
cause grievous bodily harm The nature of the offense
434
325 Hinderaker Criminalization of Workplace Safety 18 CONSTRUCTION
442
Contribution and Indemnity
443
In light of this origin of noncontractual indemnity many
454
noncontractual indemnity courts do not object to the parties
455
exempts from its application four other statutes including
465
from the employee to his employer and found no basis
479
afforded This requires an inquiry into the circumstances of
493
lyze each premise under the two common law approaches
497
CHAPTER 9
510
capacity language excludes coverage should the employer be sued
537
b At or from any premises site
539
tional insured to the contractors CGL policy The effect
545
both Form A and OCP provide general contractors with conspicuously
570
A principal may seek to back up the contractors indemnity
582
Principals who tie the scope of insurance coverage to that
583
Beginning in 1996 Insurance Services Office Inc
599
Appendix A
601
If notice is mailed proof of mailing will be
619
Appendix B
625
Appendix C
650
Appendix F
655
ADDITIONAL INSUREDOWNERS
656
COMMERCIAL GENERAL LIABILITY COVERAGE PART
658
COMMERCIAL GENERAL LIABILITY COVERAGE PART
661
Engineers Architects or Surveyors
662
Appendix L
663
Appendix M
664
Appendix N
665
Liability
666
CASES
669
Bohannon v Joseph T Ryerson Son
673
Dayton Beach Park No 1 Corp v National
679
Fox v Contract Beverage Packers Inc 398
683
LTV Steel Co Inc v Northwest Engg
693
Rogness v English Moss Jt Venturers 194
703
Secretary of Labor v Law Engg Inc 14
705
Sproles v Associated Brigham Contractors
707
WalMart Stores Inc v Seale
711
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