Journal of American Law

SPRING 2015

The Journal of American Law is a peer-reviewed journal and the only one of its kind in the country. The Journal is a law review focused on important legal issues ranging from complex litigation to Supreme Court rulings.

Issue link: http://journaloflaw.epubxp.com/i/477043

Contents of this Issue

Navigation

Page 44 of 47

Spring 2015 // Journal of American Law 45 tained to perform professional services on a construction project, or an employee of the construction design professional in the per- formance of professional services on the con- struction project, shall not be liable for any injury to a worker on the construction project that is a compensable injury under ORS chap- ter 656 and that results from the failure of the employer of the worker to comply with safety standards on the construction project unless the construction design professional by con- tract specifcally assumes responsibility for compliance with those safety standards. Te immunity provided by this section to a con- struction design professional shall not apply to the negligent preparation of design plans or specifcations. (2) As used in this section, "construction design professional" means an architect, registered landscape architect, professional engineer, or professional land surveyor. Pennsylvania—77 PS §471: (a) A construction design professional who is re- tained to perform professional services on a construction project or any employee of a con- struction design professional who is assisting or representing the construction design pro- fessional in the performance of professional services on the site of the construction project shall not be liable under this act for any injury or death of a worker not an employee of such design professional on the construction project for which workers' compensation is payable un- der the provisions of this act. (b) Notwithstanding any provisions to the contrary, this section shall apply to claims for compensa- tion based on injuries or death which occurred afer the efective date of this section. South Carolina—S.C. Code Ann. §42-1-660: Immunity from liability on construction projects; exceptions. No architect, engineer, land surveyor, landscape architect, or their employees or a corporation, partnership, or frm ofering architectural services, engineering services, land surveyor services, or landscape architectural services who is retained to perform professional services on a construction project is liable in any action brought pursuant to Section 42-1-560 for any injury resulting from the employer's failure to comply with safety standards on a construction project for which compensation is recoverable under this title, unless responsibility for safety practices is specifcally assumed by contract or by direct supervision or continual direction of the injured employee relative to the segment of the job which results in the injury. Te immunity provided by this section does not ap- ply to the negligent preparation of design plans or specifcations. Tennessee—Tenn. Code Ann. § 50-6-120: (a) No construction design professional, or any em- ployee of the construction design professional, who is retained to perform professional services on a construction project, shall be liable for the personal injury or death of any nonemployee of the construction design professional, working on the construction project, unless the con- struction design professional or any employee of the construction design professional is guilty of negligence that is a proximate cause of the in- jury or death of the nonemployee. (b) Nothing in this section shall be construed to af- fect the rights or responsibilities of any person under this chapter. (c) Rule 11 of the Tennessee Rules of Civil Proce- dure shall apply in all actions against construc- tion design professionals. Washington—Rev. Code Wash. (ARCW) § 51.24: (1) Notwithstanding RCW 51.24.030(1), the in- jured worker or beneficiary may not seek damages against a design professional who is a third person and who has been retained to perform professional services on a con- struction project, or any employee of a design professional who is assisting or representing the design professional in the performance of professional services on the site of the con- struction project, unless responsibility for safety practices is specifically assumed by contract, the provisions of which were mu- tually negotiated, or the design professional actually exercised control over the portion of the premises where the worker was injured. (2) The immunity provided by this section does not apply to the negligent preparation of de- sign plans and specifications. (3) For the purposes of this section, design pro- fessional means an architect, professional engineer, land surveyor, or landscape archi- tect, who is licensed or authorized by law to practice such profession, or any corporation organized under chapter 18.100 RCW or au- thorized under RCW 18.08.420 or 18.43.130 to render design services through the practice of one or more of such professions. In Michaels, et al. v. CH2M Hill Inc., 257 P.3d 532

Articles in this issue

Archives of this issue

view archives of Journal of American Law - SPRING 2015