The two cases Carvaho v. tool brothers developer and Herczeng v Essay

The two cases Carvaho v. tool brothers developer and Herczeng v. haptom township municpal - Essay Example Francisco Caravalho, an employee of the subcontractor Jude Enterprises who was doing the excavation work, died when an unshored portion of the trench he was working in collapsed. [Handler] Argument The prosecution charged that Bergman’s site inspector hired to observe the work performed and who was present when the accident happened to monitor the progress of the work had a duty to supervise safety procedures of the construction and that the inspector had knowledge of the unsafe condition. Responding to the suit by the widow, Mrs.Carvalho, Bergman said maintained that the engineer's contract disclaimed responsibility for jobsite safety [which the court allowed].The methods, the interpretation, and the enforcement of hold harmless agreements should be governed by the intention of the parties in providing for insurance and the division of risk. [Handler].The site inspector’s duty was limited to inspect only the material being used and the amount of work being done. The ra tionale behind this defense was obviously the trust of the defense in the â€Å"hold harmless clause† in the defendant’s contract. He also noted because of an error he was not insured.