THERE WAS A QUESTION OF FACT WHETHER THE CONSTRUCTION MANAGER WAS AN AGENT FOR THE GENERAL CONTRACTOR AND THEREFORE COULD BE LIABLE FOR A DANGEROUS CONDITION AT THE WORK SITE (SECOND DEPT).

The Second Department, reversing (modifying) Supreme Court, determined the defendants” (Petrocelli’s) motion for summary judgment in this case stemming from an injury at a construction site. Petrocelli was the construction manager. There was a question of fact whether Petrocelli could be deemed an agent of the general contractor such that it could be liable for a dangerous condition at the site:

While a construction manager is generally not considered a contractor responsible for the safety of the workers at a construction site pursuant to Labor Law § 200, “it may nonetheless become responsible if it has been delegated the authority and duties of a general contractor, or if it functions as an agent of the owner of the premises” … . “A party is deemed to be an agent of an owner or general contractor under the Labor Law when it has supervisory control and authority over the work being done where a plaintiff is injured” … . A role of general supervision “is insufficient to impose liability under the Labor Law” … .

Here, the Petrocelli defendants failed to establish, prima facie, that they did not exercise a significant degree of control and supervision of the construction site such that it was not delegated the authority and duties of a general contractor … , and failed to establish that they lacked constructive notice of the allegedly dangerous condition because they did not submit any evidence to demonstrate that the “dangerous condition did not exist for a sufficient length of time to afford [them] a reasonable opportunity to discover and remedy it” … . Vasquez v 1719 27 ST, LLC, 2026 NY Slip Op 04894, Second Dept 8-5-26

Practice Point: If a construction manager acts as an agent for the general contractor and therefore exercises supervisory control over a work site, the construction manager may be liable for a dangerous condition at the work site.​