Sms Construction Case Summary - with
Please leave this field empty Check your inbox or spam folder to confirm your subscription. The Plaintiff was a building engineer who fell from an A-frame ladder while closing a valve in connection with tenant work on an air conditioning unit, sustaining shoulder injuries requiring surgery. Since Plaintiff was supervised solely by his employer, we successfully argued there was no liability for common-law negligence. Although Plaintiff was involved in work necessary to construction, his activities themselves were not covered. The Court agreed with our argument that, although termed a motion to renew, it was in fact an untimely motion to reargue, as there was no new evidence not available to Plaintiff at the time of the original application. Sms Construction Case SummarySms Construction Case Summary Video
The Owners Corporation contracted Mr Saaib builder to do residential work on the common property. It was common ground that the builder's nephew had forged his signature on many documents, but the Owners Corporation alleged that the builder authorised his nephew to enter the contract on his behalf.
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Furthermore, the Owners Corporation alleged that Ms Alexandrova insurance broker had engaged in misleading and deceptive conduct, by submitting home builders insurance without authorisation. This led the Owners Corporation to believe that the builder had valid insurance for any building defects. The Court was not satisfied that the builder authorised his nephew to enter into the contract. Furthermore, there could not have been any breach of the warranties in the Home Building Act, because the builder had not started the works, or supervised any other party to start the works.
However, the insurance broker was found liable. She made representations that she was permitted to apply for home builders insurance. She was not just passing on information, but in her dealings with other parties, she put herself out as representing the builder.
Although she did not know the documents had forged signatures, she had nevertheless inducted third parties into a false belief. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.]
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