Contractor Didn't Cause Collapse of Penthouse

DOB issued a violation notice to landlord's construction project manager for failing to keep the building safe during construction operations after a portion of the rear facade on the 15th floor/penthouse collapsed. The manager claimed that neither he nor his employer was responsible for the collapse. The ALJ ruled against him and fined the manager $1,000. He appealed, pointing out that his company was hired to replace beams on the 13th, 14th, and 15th floors. Sections of the brick wall on these floors had been removed before the work began at the building. Another witness had stated at the hearing that inadequate roof framing caused the collapse. ECB ruled for the manager and revoked the fine. There was no proof that the manager failed to maintain safety measures at the construction site. He didn't remove the section of bricks from the 15th-floor facade. And there was credible proof that the collapse was caused by the poorly constructed illegal add-on to the 15th floor/penthouse.

Papada: ECB App. No. 41585 (5/1/08) [3-pg. doc.]