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Constructionawyer

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About Constructionawyer

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  1. I agree in part. Hypothetically, the fight (even based on assumption of the risk/contributory negligence by both mutual combatants), trips, falls or otherwise injuries themselves because of a known dangerous condition o the property (e.g. Open Hole, inadequate lighting, broken stair rails/stair case, etc), then Yes, they could sue and even overcome a Motion to Dismiss based on Summary Judgment on a Notice issues on the subject property. I agree with the others. We get lawsuits all the time based on premises liability. Make sure to carry good general liability insurance and have an excellent commercial leasewith a strong contractual indemnification clause. Also, this fight should give you notice that this Tenant has control issues. Thus creating a known dangerous condition on the property if another fight incurs and a third party is injured. If they cannot control their employees, then what else? I would be concerned if we represented the Owner's and try to prevent exposure is a good idea. A careful review of the lease is a good idea.
  2. I think this question is asking if this is considered a separate occurrence under a policy? There is much to consider, and it depends on the insurance policy, but likely one occurrence, not two as it arises from the same event. This may have to do with policy limits and speaking with an attorney is a good idea.
  3. The problem will be that your also the contractor. A contractor with a class B license should be aware of its requirements to pull permits on any project. Hypothetically, if you were not the contractor who is performing the unpermitted work, this might be a different story.
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