SAFETY CORNER


projects and an estimated 1,000 people participating in events that took place throughout the week of May 1-5, 2017. Shimmick was one of more than


60 construction companies nationwide to officially hold events highlighting construction safety during the week, with other participating AGC member firms including Turner, Skanska, Kiewit, Hensel Phelps, Clark Construction and Ames Construction to name just a few. “Safety Week was a huge success


at Shimmick Construction,” said Ike Riser, Shimmick’s Corporate Safety


Legal news Continued from page 19


professional has to “chip in,” it suggests that more of these types of cases may go to trial, with its attendant costs. So which is it? Can design professionals be contractually


required to pay for defense costs up-front or can they only be required to provide reimbursement if and when their propor- tionate percentage of fault is determined at trial? Short answer: I don’t know. Longer answer: I don’t know,


but under rules of statutory construction, if the state legislature had intended to shield design professionals from having to pay defense costs up-front, and in doing so abrogating the California Supreme Court’s decision Crawford v. Weather Shield (2008) 44 Cal.4th


Shimmick Among Dozens of Contractors to Mark Safety Week S


himmick Construction marked Safety Week in a big way this year, with more than 30


Director. He noted that each Shimmick project had every crew member gather for a safety topic each day, with project management facilitating the meetings. Te company’s executive management visited a different project each day and participated in safety topic discussions. Safety vendors came out to demonstrate the products, and meetings covered a large variety of topics from rigging and fall protection to confined spaces, fire protection and scaffold safety among many other topics. On Friday, May 5, Shimmick


topped it off with huge luncheon/ BBQ at every project complete with safety awards. Everyone on each project sported a Shimmick Customized Safety Week T-shirt. 


541, they know full well how to do so but didn’t. (Tis, of


course, assumes that a contractor has signed a contract requiring that the contractor provide defense and indemnity. Furthermore, under the case Crawford v. Weather Shield (2008) 44 Cal.4th 541, an indemnitor’s duty to defend “arises immediately upon a proper tender of defense by the indemnitee, and thus before the litigation to be defended has determined whether the indemnity is actually owed.”) 


Garret Murai is a partner at Wendel, Rosen, Black & Dean LLP and is co-chair of the firm’s Construction Practice Group. He is also the editor of the firm’s California Construction Law Blog (www.calcon- structionlawblog.com) providing an informative yet wry look at issues affecting the construction industry in California.


20 July/August 2017


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