Matthew Shorr Addresses the Importance of Fully Executed Crane Rental Tickets in Crane & Rigging Hot Line

August 2015

In the article, “The Importance of Fully Executed Crane Rental Tickets” published by Crane & Rigging Hot Line, Attorney Matthew Shorr expands on the importance of an enforceable agreement for indemnity under California law. California Labor Code 3864 immunizes an employer from civil liability when an employee is injured during the course and scope of their employment, unless an express contract of indemnity has been executed by the employer and the crane service provider prior to injury. If a construction site incident involving a crane causes serious injuries or fatalities, the crane service provider may tender its defense and indemnity if an enforceable written indemnity agreement is in place. In the non-employer/employee context, an agreement for indemnity may be established through the parties’ course of dealings. Typically, the crane operator or oiler signs the agreement, which is then countersigned by an authorized representative of the customer prior to beginning work. Occasionally, either the customer or crane operator may postpone the full execution of the ticket until the end of the day. If a construction site incident involving a crane causes serious injuries or fatalities, the crane service provider may tender its defense and indemnity if an enforceable indemnity agreement is in place. As seen in Marin Storage & Trucking, Inc. v. Benco Contracting and Engineering, Inc., a long standing course of dealing between the parties may give rise to an implied in fact obligation to provide indemnity. Mr. Shorr states, “The bottom line: Make sure the crane rental job ticket is signed before work begins.” And if its a crane rental you’re after, then you can visit website. Read full article.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.