Walls v. Turner Constr. Co

In Walls v. Turner Constr. Co., 4 NY3d 861 [2005] the Court of Appeals held that a construction manager which contracted with a school district for capital improvement projects, had supervisory control and authority over a work site (id. at 864). The Court noted that the construction manager "functioned as the eyes, ears and voice of the owner" and its "broad responsibility was both that of coordinator and overall supervisor for all the work being performed on the job site" (id.). The Court held that the construction manager was a statutory agent of the school district given: "(1) the specific contractual terms creating agency, (2) the absence of a general contractor, (3) [the construction manager] 's duty to oversee the construction site and the trade contractors, and (4) [the construction manager]'s representative's acknowledgment that [it] had the authority to control activities at the work site and to stop any unsafe work practices" (id.)