Question
Ollie Owner (O) is a savvy investor but a terrible builder. Therefore, O decides to contract with Archie Architect (A) to design and build a
Ollie Owner (O) is a savvy investor but a terrible builder. Therefore, O decides to contract with Archie Architect (A) to design and build a warehouse on his property. Additionally, A is in charge of contract administration as well. The contract between O and A gives A absolute authority to make decisions on the job site, payment authority to contractors, inspect the jobsite, stop work, supervise the job, and the ability to make changes to the project and approve them. A and O pick Gerry's Contracting (GC) to carry out A's plans for the warehouse. GC will report directly to A. A, who gives periodic reports to O about the progress of the job, claims he is on the job several times a week. In reality, A is barely there. As GC was carrying out construction, an employee of GC's company was severely injured. The injury was due to GC's employees working in an unsafe and hazardous manner. Can the employee sue A for negligence?
A. Yes, a jury could find that A was negligent since it had a duty to supervise, the right to interfere and even stop work if the Contractor was working in an unsafe and hazardous manner. B. No, since A did not have control over the employees, he cannot be found negligent. C. No, since A's duty was to merely supervise the work. D. Yes, since A caused the accident they are liable.
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