General enterprise agreements help ensure that owners and contractors are on the same page before the project begins. If you plan to charge the owner a fixed fee for your work, use the « Fixed Costs » form. If they also cover your materials, an expense that could fluctuate, use « fresher cost. » The underlying facts that led to the claims of Ohio N. Univ. were different. In 2008, Ohio Northern University (« UN ») charles Construction Services, Inc. (« CCS ») commissioned the construction of a new luxury hotel and conference centre on the UN campus. CSC`s contract with UN required CCS to maintain a CGL directive containing an operating risk clause (« PCOH ») that covers damage caused by completed operations. CcS received a CGL policy through the Cincinnati Insurance Company (« CIC »), which contained a PCOH clause and conditions specifically related to subcontractor work. However, where a general contractor uses the services of an independent subcontractor and « actively » participates in the work done by the subcontractor and has not eliminated a hazard that the general contractor could have eliminated in the exercise of ordinary care, the general contractor may be held responsible for the harm or death of an employee of the independent subcontractor.
Hirschbach vs. Cincinnati Gas and Elec. Co., 6 Ohio St.3d 206 (1983). As a general rule, a general contractor who has not been actively involved in the subcontractor`s work is not required, simply because of his supervisory capacity, to employees of the subcontractor who are injured in inherently hazardous work. Cafferkey v. Turner Constr. Co., 21 Ohio St.3d 110 (1986). Over the years, the courts have applied the same burden of active participation in prosecuting owners for violations of the staff of independent contractors. At Sopkovich v. Ohio Edison Co., 81 Ohio St.3d 638 (1998), the Ohio Supreme Court refined the active participation test in the decision to bring an action against the owner, Ohio Edison. At Sopkovich, the applicant was an employee of an independent painter in charge of painting in an Ohio Edison Electric substation.
Although the Ohio Edison was not directly involved in the contractor`s painting work, it was tasked with cutting off the flow of electricity to part of the substation. Sopkovich was injured while in contact with an energy part of the substation. In its decision, the Ohio Supreme Court held that the active participation of an owner with a duty of care (1) could be established by management or control of the performance of work activities or (2) by exercising or maintaining control of a critical variable in the workplace, including the environment. Ohio`s right of residence to healing (the « status ») applies to construction defects that are defined as « a defect resulting directly or indirectly from the construction or substantial renovation of a residential building. » The residential building means « a structure that is a detached house, a house of two or three families or a dwelling unit within that structure.