Seventh Circuit Upholds Summary Judgment for Construction Contractors, Finding No Duty Owed to Plaintiff

In Jeffords v. BP Products North America Inc., the Seventh Circuit affirmed summary judgment for the defendants, holding that no duty of care existed between the refinery owner, construction managers, and a crane operator injured on the job. Applying Indiana law, the court emphasized that contractual language and actual control over safety—not general involvement in a construction project—determine whether a duty arises. Because the relevant contracts mirrored those previously found insufficient to impose safety obligations, and because OSHA regulations did not expand common-law duties, the defendants were not liable as a matter of law.

Not Just Another Day at the “Breach”: Risk Allocation in a Specialized Construction Climate

As construction projects become more complex and specialized, general contractors increasingly rely on subcontractors while remaining contractually responsible for work they cannot control or evaluate. A recent case involving elevator installation showed this imbalance starkly: despite having no authority over equipment selection, subcontractor choice, or installation methods, the general contractor was found liable for defective work performed by a regulated specialist. The outcome highlights the critical need for contractors to proactively manage and allocate risk through careful contract drafting, warranties, waivers, and bonding at the outset of a project.