orangecuse
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Keeping that building active during construction is an ambulance chaser's dream. There is no sense to taking on that risk! Even with the Dome closed during construction, there is still a lot of circulation by students around the Dome to dorms, dining halls, and academic buildings. The risk is enormous, and only made worse trying to add 30,000 people to the mix. Take a look at the crane collapse video I put up. Imagine that happens here on a Wednesday. There is no game in the Dome for the rest of the season. Imagine something similar happens on a Saturday (yes I know they would not be moving large pieces of structure into place on game day, but you don't take huge apparatus like that completely down every night). The school is in expensive lawsuits until 2040. Even a simple "I dropped my knife" or "we were welding" represents opportunity for existing roof tears.
I agree about not taking on that kind of risk. Actually, I would question what insurance carrier would take on even underwriting such a thing in that scenario. NYS labor law is also notorious when it involves injury from heights under 240 & 241 of it, where absolute liability applies...it would hold the injured party free from any culpability if it were from a height, even if culpable.
Undoubtedly, SU will have iron clad hold-harmless/indemnity agreements as well as likely being named as 'additional named insureds' on its contracts that'll exist with the general contractor and/or construction manager. As long as SU is 'passive' in the project's scope having no 'active' involvement, etc. where they're instructing, advising, directing, etc. whom they hired, their exposure should be minimal/nil if anything catastrophic were to happen as they would have the duty to defend/indemnify under the aforementioned contracts. The duty to defend is greater than the duty to indemnify, so legal fees in regards to defending such a catastrophe could still be substantial, even with very limited actual liability.
Where SU's exposure is likely the greatest is the premises exposure. Slip & fall, construction debris, etc., although, a lot of that exposure can get passed along to the contractor/cm in charge of the site who has the responsibility to keep areas barricaded off, signage, clean, etc. Most of those type injuries shouldn't be anything catastrophic in nature, but rather mainly minimal.
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