Carvalho v. Toll Bros. and Developers

The opinion of the Court was delivered by

HANDLER, J.

This case arises out of a fatal accident at a construction site. A workman was killed when the unstable walls of a deep trench in which he was working collapsed on him. An inspector hired by the project engineer, observing the work being performed at the site and aware of conditions in the trench, witnessed the accident. Under the contract with the project owner, the engineer was required to have an inspector at the construction site every day to monitor the progress of the work. The engineer did not have any contractual obligation to…