By Bruce Jervis
Under the “accepted work” rule, a public works construction contractor that builds a project in strict accordance with drawings and specifications furnished by the government becomes immune from third-party suits arising out of the work once the government accepts the project. The sovereign immunity enjoyed by the governmental entity is imputed to the independent construction contractor.
Does this rule apply to design professionals on public works projects? The Texas Supreme Court recently answered that question in the negative. Read more.
Last June, the U.S. Department of Labor (DOL) provided initial details and a timeline for its agenda of new Occupational Safety and Health Administration (OSHA) construction industry rules (see ConstructionPro Week - June 27, 2014). Part of this agenda included confined spaces. As reported by Craig Martin at the Construction Contract Advisor blog this week, the final rule, issued May 4, 2015, includes crawl spaces, manholes, tanks and sewers and will take affect August 3, 2015. Read more.