Construction Manager Safety Responsibilities

By: David E. Sweitzer, Esquire des@muslaw.com

The Pennsylvania Supreme Court has ruled that under certain circumstances a construction manager can be held responsible for injuries to employees of its subcontractors.

Here’s what happened: a construction worker was killed when he drove a dump truck off a temporary road and down an embankment. The family sued the construction manager, but the Court of Common Pleas of Allegheny County dismissed the case, ruling that the construction manager owed no legal duty to the worker, who was the employee of a subcontractor. The Pennsylvania Supreme Court then overruled the lower court, saying that the general contractor was responsible for safety and that a trial must be held to determine if the construction manager had in any way been negligent.

The problem is that there is no rigid definition of the duties of a construction manager. In determining negligence and liability, courts must analyze each contract for a definition of those duties.

In the case in question, the construction manager agreed in the contract to assume an active role in developing, implementing, maintaining and monitoring a safety program for the project. The court said that meant the construction manager assumed an obligation to ensure the safety of the employees of its subcontractors.

The lesson for construction managers is obvious: review contracts carefully and make sure there is adequate insurance to cover potential liabilities.