Appellee Biltmore Court Villas, Inc., owner of land in Coral Gables, .contracted with L. Milton Construction Corporation (Milton) for the construction of certain condominium town houses. This contract excluded certain enumerated items
The difference in this case between the views of the landowner and the views of the injured employee, as to the rights, duties, and proper relationship between landowners and contractors, and as to independent contractors and their employees, illustrate similar differences and views as to those matters that appear to often exist between persons in the construction industry and legal concepts involving those matters. The injured employee’s view appears to be (1) that as to new construction, there is, and should be, but one general contractor who is in exclusive control of the entire construction project; (2) that the owner should be uninterested in the construction during its progress and should properly remain passive, away from the construction job and out of sight; (3) that all specialty contractors who do only certain work or a segment of construction, such as masons, electricians, plumbers, carpenters, etc., are necessarily “subcontractors” no matter with whom they contract; and (4) that, without regard to the circumstances, because it is a part of the general contractor’s duties to correlate work between the different trades or “subcontractors”, anyone, including an owner, who contracts or deals directly with specialty contractors (“subcontractors”) is necessarily a general contractor in control of the premises and engaged in supervising the work with the attendant non-delegable duties to all employees on the project.
On the other hand, the owner takes the position that it can enter into any number of contracts with different people for one construction project to improve real property and that every person who enters into a contract with the owner for improvements is a contractor
We take it as established that Milton and Monterrey breached duties they owed to Monterrey’s injured employee to provide a safe place at which to work, and particularly a duty to barricade the opening in a second floor and to remove the accumulated construction debris. However, the evidence is that both Milton and Monterrey (and the other contractors) were independent contractors and that the construction job site (specifically those unsafe portions relevant to the employee’s accident and injuries) was in the possession and control of the contractor and not the owner. An owner is not liable for damages and injuries resulting from the negligence of an independent contractor including injuries sustained by an independent contractor’s employee on the job site.
AFFIRMED.
Notes
. The exclusions related to demolition of existing structures, all work outside the owner’s property lines, landscaping, a sprinkler system, a swimming pool, a whirlpool, fireplaces, carpeting and cabinets.
. See Conklin v. Cohen,
. This case does not involve a summary judgment as was involved in Clerkin v. Kendall Town & Country Assocs., Ltd.,
.See generally Annot., "General contractor’s lia-' bility for injuries to employees of other contractors on the project,”
. See § 713.01(2), Fla.Stat.
. City of Miami v. Perez,
