In Walls v. Turner Constr. Co. (5/5/05), the Court of Appeals, in a 4-3 decision, holds that a construction manager is liable for the injuries sustained by an employee of a window contractor.

            Turner Construction Company entered into a contract with the Massapequa Union Free School District to serve as its construction manager for capital improvement projects at its schools.   There was no general contractor for the projects.  Turner had authority to control activities at the work site and was responsible for safety. 

            On August 21, 1999, the plaintiff was working as a special employee of Jordan Construction Company at one of the work sites.   Plaintiff fell 12-14 feet trying to construct scaffolding on a second floor window.   No safety equipment had been supplied to him. 

            Plaintiff moved for summary judgment against Turner based on Labor Law §240(1).   The trial court held that Turner was a statutory agent of the owner—the school district—under the Labor Law and, hence, was liable.   The Appellate Division affirmed and certified the question to the Court of Appeals.

            The Court of Appeals held that although a construction manager of a work site is generally not responsible for injuries under §240(1), there may be liability as an agent of the property owner where the manager had the ability to control the activity that brought about the injury.   Such was the case here and the Court of Appeals affirmed the award of summary judgment against the construction manager.