Changes vs. Cardinal Changes: The Limit of Construction Contract Changes

 

Changes are an unavoidable aspect of construction. Although thorough effort and coordination are required in preparing the original project contract, specifications and construction drawings, there will still be changes. This is why owners are provided the right to make changes to the work under a typical contract changes clause.

However, the ability for owner requested changes, even if provided in the contract, are not without limitations, restrictions, and consequences. After all, what purpose would any of the project documents, contracts and drawings serve if they were subject to constant change? What good would the contract serve if the owner could make any change(s) without consequence?

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Homeowner Liability for Contractor Injuries in New York

 

Can homeowners be held responsible for injuries that may occur to contractors while work is being done on their property? Many homeowners love new home face-lifts, but did they ever think what a dangerous home improvement job consisted of? Well, what happens if a contractor is injured while working? Who is responsible for their medical costs?

With respect to homeowner liability for contractor injuries in New York, homeowners of one or two family dwellings are exempt from liability from any contractor injuries suffered while work was performed on their property under labor law § 240 & § 241, unless he or she has directed or controlled the work being performed.

Under New York State Law §§ 240 and 241 a homeowner can be found liable for any resulting contractor injuries only if their contractor can show the homeowner provided specific instruction as to how work is to be performed or the homeowner provided certain tools or equipment to be used.

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Although, incidental homeowner interactions are not sufficient to invoke homeowner liability for injuries, a showing of directing the actual work performance is necessary.

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