Thoughts on construction law from Christopher G. Hill, Virginia construction lawyer, LEED AP, mediator, and member of the Virginia Legal Elite in Construction Law

Tag Archives: virginia construction litigation

Preventing Acts of God: Construction Accidents Caused by Outside Factors

Preventing Acts of God: Construction Accidents Caused by Outside FactorsFor this week’s Guest Post Friday here at Musings, we welcome back Seth Smiley. Seth, a native of Baton Rouge, is the owner of Smiley Law Firm. He is admitted to practice in all state and federal courts in Louisiana and California. Seth Smiley is the son of a general contractor, and acquired valuable work experience in the construction industry prior to entering law school. He earned his J.D. from Loyola, New Orleans in 2009. In his practice, Seth handles all aspects of construction cases, from initial contracting all the way to final payment once work is complete. Other areas of focus include commercial lease disputes, personal injury, business formation, and insurance property damage claims. Seth loves to fight insurance companies. Seth is currently the primary author of the Smiley Law Blog. The blogs primary focus is to provide value for current and prospective clients regarding trending legal issues in which the attorneys at Smiley Law Firm cover.

There are several factors a construction team can control on a job site. The foreman can ensure scaffolding is secure and that all employees are properly trained, and all workers can take steps to ensure a reasonably safe work site. Accidents can and will happen despite the best efforts of those involved. According to a recent poll of more than 100 published studies, the most common factors in all construction site accidents include:

  • Problems involving the workers or work team, e.g., lack of training, inexperience, termination or resignation of work site lead;
  • Workplace issues related to the nature of or design of construction site;
  • Defective or lackluster condition of equipment or materials;
  • Issues with risk management.

Some construction site accidents, however, are simply the result of “acts of God.” They involve factors beyond our control or seemingly beyond our prevention. Examples might include accidents inadvertently caused by weather. If you incurred an injury on a construction site through no one’s fault, what are your options to obtain compensation? Can the construction team take steps to prevent these accidents in the future? Continue Reading

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About Construction Law Musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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