Subcontractor Can't Duck $8.7M Home Depot Damages Award

Law360 (May 30, 2019, 5:09 PM EDT) -- The Second Circuit on Thursday upheld a decision that a subcontractor must cover nearly $8.7 million in damages awards against Home Depot over a worker's electrocution at a New York construction site.

A three-judge appellate panel ruled that a lower court correctly found that subcontractor Bryan's Home Improvement Corp., which directly employed the injured worker Daniel Rivera and was a subcontractor for Home Depot USA Inc. on the project, must cover the damages awards against the retailer because BHIC entered into a contract with Home Depot containing an indemnity provision before Rivera's accident.

The panel also rejected BHIC's claims that its...

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