February 08, 2010 | New York Law Journal
Defenses for Municipal Contractors In Sidewalk and Roadway InjuriesJulian D. Ehrlich, a senior vice president at Aon Construction Services Group, examines recent rulings on liability theories and defenses in claims arising when municipalities allow the public into work zones, particularly while the surface is awaiting final restoration.
By Julian D. Ehrlich
8 minute read
March 13, 2009 | New York Law Journal
Establishing Proximate Cause In Construction Site AccidentsJulian D. Ehrlich, senior vice president at Allied North America Insurance Brokerage of New York, writes that for decades, courts have justified the exceptional protection of strict liability under Labor Law �240 "as placing ultimate safety responsibility where such responsibility belongs, on owners and general contractors instead of individual workers themselves who are scarcely in a position to protect themselves from accident." However, he advises, that premise now fails to the extent that workers (1) are empowered by knowledge, experience and training to take care of themselves; (2) use available safety devices; and (3) take responsibility for their own safety but nonetheless make bad choices.
By Julian D. Ehrlich
14 minute read
June 15, 2007 | New York Law Journal
Problem Contracts in Construction Accident CasesJulian D. Ehrlich, claims counsel for the AIG Construction Risk Management Group, writes: At the heart of analyzing risk transfer between defendants in construction site accident cases are the contracts between the parties. However, for a myriad of reasons, these contracts may be unsigned, lost, incomplete or oral.
By Julian D. Ehrlich
10 minute read
November 13, 2008 | New York Law Journal
How Ironclad Is That Indemnity Provision?Julian D. Ehrlich, senior vice president at Allied North America Insurance Brokerage of New York, writes that frequently, indemnity language that may have seemed clear when written results in unanticipated outcomes when the time comes to apply the provision. Too often, terms thought to be ironclad when agreed upon are later found to be subject to various interpretations or run afoul of statutes or case law rendering the provisions unenforceable as intended.
By Julian D. Ehrlich
11 minute read
April 19, 2010 | New York Law Journal
Attempts to Trigger 1B Coverage In Construction Accident CasesGary A. Rome, co-managing senior partner at Barry, McTiernan & Moore, and Julian D. Ehrlich, senior vice president claims of Aon Construction Services Group, write that a number of large New York general contractors have modified subcontract wording in an attempt to trigger an employer's unlimited coverage under the "1B" portion of the employer's liability policy even in instances where there is no grave injury.
By Gary A. Rome and Julian D. Ehrlich
11 minute read
March 07, 2011 | New York Law Journal
Factoring in Foreseeability In Strict Liability Scaffold CasesJulian D. Ehrlich, senior vice president, claims for Aon Construction Risk Solutions, discusses several recent appellate decisions focused on foreseeability in deciding the applicability of �240.
By Julian D. Ehrlich
12 minute read
April 01, 2005 | New York Law Journal
Using Experts to Prove the Labor Law �240 CaseJulian D. Ehrlich, a member of the Law Offices of Alan I. Lamer, writes that counsel considering whether to retain an expert in a Scaffold Law case will need to decide the following: 1) whether expert testimony is proper; 2) whether an expert is worth the expense; and 3) which area of professional witness expertise will best advance the advocate's position.
By Julian D. Ehrlich
8 minute read
July 30, 2002 | New York Law Journal
Outside CounselA lease provision that purports to exempt a lessor from liability for its own acts of negligence is void and unenforceable, according to General Obligations Law � 5-321. 1 This statute was enacted in 1937 to, in part, address unequal bargaining power between lessors and lessees. 2 Parallel provisions of the GOL prevent others in relationships comparable to landlords from contracting away negligence in settings such as construction, 3 building services, 4 garages and parking lots 5 and caterers. 6 However
By Julian D. Ehrlich
10 minute read