Construction accident lawyer: who is responsible? The general contractor organization has a permit from the SRO to carry out the functions of construction control and general contracting without the right to perform work on its own (only under subcontracts involved). She is building the facility on the basis of a general contract concluded with the developer.
This agreement contains a clause providing for the obligation of the general contractor to ensure that all necessary fire safety measures are taken at the construction site, compliance with safety regulations, labor protection and environmental protection rules, green spaces during the entire period of work, up to the signing of the act of acceptance of all completed work of the acceptance committee.
Subcontract with a specialized installation organization
The general contractor has entered into a subcontract with a specialized installation organization that has SRO approval for installation and preparatory work, and has its own staff and specialized equipment. The subcontractor provided an order for employees from its staff responsible for labor protection, safety, fire safety and Rostekhnadzor certification to work with lifting mechanisms.
Under the subcontract, logistics (including the organization of the site of the preparatory period) is assigned to the subcontractor, and the general contractor performs the function of construction control. A fatal accident occurred at a construction site when a subcontractor worker fell from a height. Questions arise: how in the current situation is the responsibility distributed between the general contractor and the subcontractor, if distributed at all? What exactly is responsibility and what are its limits?
The responsibility lies with the final contractor
According to Civil Code, when carrying out construction and related work, the contractor is obliged to comply with the requirements of the law and other legal acts on environmental protection and on the safety of construction work. The contractor is responsible for violation of these requirements. In addition, he is not entitled to use materials and equipment provided by the customer in the course of the work, or to follow his instructions, if this may lead to a violation of the environmental protection and construction safety requirements binding on the parties.
If the obligation of the contractor to perform the work stipulated by the contract does not follow from the law or the work contract, he has the right to involve other persons (subcontractors) in the performance of his obligations. In this case, the contractor acts as a general contractor.
In this case, the general contractor involved in the performance of work a subcontractor who has the approval of the SRO to perform the specified type of work. The contract with him must contain a condition on the observance by the subcontractor of the requirements of the law and other legal acts, including safety, when performing work. The submission by the subcontractor of an order for engineering and technical workers responsible for labor protection and safety also confirms his acceptance of the responsibility provided for in the Code of Rules “Labor Safety in Construction.
Obligation to compensate
However, the obligation to compensate for harm may be assigned to a person who is not its causer. So, in accordance with Art. Legal entities and citizens whose activities are associated with increased danger to others, including those engaged in construction and related activities, are obliged to compensate for the damage caused by a source of increased danger, unless they prove that the damage was caused by force majeure or the intent of the victim.
The obligation to compensate for harm is imposed on a legal entity or citizen who owns a source of increased danger on the basis of ownership, economic management or operational management, or on another legal basis (on the right of lease, by proxy for the right to drive a vehicle, by virtue of the order of the relevant authority to transfer to it a source of increased danger, etc.). Moreover, if there are several owners of sources of increased danger, they are jointly and severally liable for the harm caused as a result of the interaction of these sources.