Toll Brothers Subcontractor Agreement

Frederick N. Cooper (215) 938-8312fcooper@tollbrothers.com 3. The engineer argues that she should not be financially responsible for Carvalho`s death, because Toll Brothers had to appoint Bergman as an additional insured in his insurance policy, but did not do so. Bergman also had a discharge agreement with the municipality. It would be unfair to absolve Bergman of his responsibility to Carvalho on the basis of his discharge agreements with the municipality and the Toll Brothers. His special In December 1987, the late Francisco Carvalho, an employee of Jude Enterprises (“Jude”), the subcontractor Toll hired for the excavation work, died while working in a 13-foot deep ditch when the low-shore ditch collapsed and crushed it. The parties agree that at the time of this accident, the defendant`s representative, Bruce Stonebeck, was present on the ditch and watched the crook work in the ditch. In May 1989, the complainant, the conman`s wife, sued engineer Bergman, contractor Toll and the township for illegitimate death and survival. The court dismissed the appeal against the Township because the applicant did not meet the conditions for terminating the Tort Claims Act, N.J.S.A.

59:8-8. The municipality is not involved in this appeal. Bergman cross-claimed against Toll for amung, and Toll, for his part inpled Jude subcontractor as third-party defendant for amentification. The complainant settled his accounts with Jude and Toll. Jude`s insurer paid the entire transaction because he compensated the toll. Bergman then went for a summary judgment. At the end of the discovery, the court granted Bergman`s request. In the applicant`s appeal proceedings, the Appeal Division set aside the summary judgment in Bergman`s favour. 278 N.J. Super. 451. We have accepted the application for certification.

140 N.J. 326 (1995). We conclude that it would be unfair to absolve Bergman of his responsibility for the fraud on the basis of his discharge agreement with the municipality and the toll. Their financial settlement and understanding do not overcame public order, which imposes a duty of care and assigns responsibility to the engineer in these circumstances. Stonebeck and Bergman`s task was to warn the security parties, the contractor or subcontractor, not the workers. See Note 3 Nevertheless, there has been overlap in thinking about the progress of work and concerns about workplace safety. The issues relating to the safety of the sites were indirectly related to the contractual responsibility of the engineer in monitoring the progress of the work. Common sense tells us that an accidental injury or death on the job site due to the lack of safety measures would directly affect the progress of the work by stopping it.