Indiana Supreme Court to Review Important Job Site Safety Opinion

By: Sean T. Devenney

In a December 2010 blog post, we reported that the Indiana Court of Appeals in the case of Hunt Construction Group, Inc. et. al. v. Garrett had effectively taken the position that despite AIA contract language to the contrary, a Construction Manager had a duty to look out for all workers’ safety on a construction project by virtue of having contractually agreed to participate in project safety decisions. The Indiana Supreme Court has recently agreed to review the Indiana Court of Appeals decision, which has the effect of vacating the prior opinion from the Court of Appeals.  The Indiana Supreme Court is likely to take several months to decide whether to overturn or adopt the Court of Appeals’ decision.  We will continue to follow this very important construction project safety opinion.