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August 26.2025
2 Minutes Read

Liability Explained: What Happens When 'Borrowed' Construction Workers Get Hurt?

Illustration of document stacks related to liability of borrowed employees in construction.

Understanding the Liabilities in Construction: The Essentials of Borrowed Employees

The construction industry is evolving rapidly, as companies increasingly depend on subcontractors and temporary workers to tackle labor shortages. This trend has resulted in a rise in the use of "borrowed employees"—workers who are provided by one employer to another, usually with consent. As businesses strive to meet project demands, it becomes crucial to grasp the complexities surrounding liability when injuries occur on-site.

Who is a Borrowed Employee?

A borrowed employee is defined as someone employed by one company but temporarily working under the supervision of another. While the borrowing employer assumes responsibility for overseeing the employee’s work, the question of liability can become clouded in the event of workplace injuries.

The Layers of Liability: Decoding Responsibility

Legal ramifications emerge significantly when an injury occurs at a job site involving borrowed employees. According to attorney Jerry Lehocky, the crux of liability hinges on the amount of control exercised over the employee by the general contractor as opposed to the subcontractor supplying the worker. If the general contractor lacks substantial control, the subcontractor generally retains responsibility. This distinction is critical; if a liability claim arises, costs can escalate drastically—potentially exceeding a typical workers' compensation claim.

Current Trends Impacting Liabilities on Job Sites

As the construction landscape becomes more complex, particularly due to labor shortages and stringent scrutiny of worker immigration status, more businesses are relying on borrowed employees as a stopgap. Consequently, this leads to heightened exposure in terms of liability, often catching the borrowing company off-guard.

Financial Implications for Construction Companies

For business owners and executives, understanding these liability frameworks is essential for economic decision-making during project planning and execution. Firms must evaluate their exposure and contemplate risk management strategies, particularly concerning insurance coverage. Businesses should ask: Is the current insurance policy adequate to cover potential claims arising from borrowed employees? Can we afford the potential fallout from workplace injuries?

Conclusion: Navigating the Complexities of Labor Risks

As construction project managers and property developers consider the financial implications and safety responsibilities surrounding borrowed employees, it becomes increasingly important to work closely with legal and insurance professionals to navigate these challenges. Being proactive today can foster a more secure and financially stable project tomorrow.

Construction Trends & Industry Insights

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11.26.2025

Why Commercial Builders Must Adapt to Retain Gen Z Workers in a Labor Shortage

Update Understanding the New Wave of Talent: Gen Z in Construction The construction industry is confronting a significant labor shortage, prompting a closer examination of the incoming workforce—Generation Z. Comprising recently graduated individuals now entering skilled trades, Gen Z represents an unprecedented shift in labor demographics. By early 2024, they accounted for 18% of the overall workforce and a staggering 25% of all new hires in skilled trades, illustrating a strong inclination towards construction careers that businesses must recognize and adapt to. Bridging Generational Gaps: Recruitment Isn't Enough While attracting this tech-savvy generation is essential, recruitment alone is insufficient in shaping a committed workforce. Gen Z workers have varying expectations compared to previous generations. They are not only in search of employment opportunities but are also driven by mentorship, career advancement, and compelling workplace culture that values respect and clarity. According to recent studies, 73% of young adults believe in the viability of skilled trades, and many express frustration with the complexities or monotony of previous career paths. The Importance of a Nurturing Work Environment To retain Gen Z workers, construction firms must innovate beyond traditional recruiting strategies. A sound approach combines career development opportunities tailored to their ambitions with a supportive, transparent workplace culture. For instance, intentions of promoting a mentorship program can lead to employee retention; studies show that Gen Z typically changes jobs within a year if they don’t see a clear, supportive path towards growth. Companies must demonstrate how they nurture and guide new talent to thrive in their roles. Leveraging Technology as a Trust-Building Tool Growing up in a digital world, Gen Z has a distinct preference for integrating technology into their work. Construction firms are encouraged to embrace digital tools that streamline processes and enhance training. Incorporating innovative technologies such as AI, VR training environments, and modern communication platforms can empower Gen Z employees, showing them they’re not just another cog in the wheel but a vital part of a forward-thinking operation. Emphasizing a tech-friendly work environment will better align with their expectations. Holistic Benefits for a New Workforce Along with mentorship and technology, offering comprehensive benefits packages allows firms to meet Gen Z’s diverse needs effectively. This generation values mental health support, flexible schedules, and a healthy work-life balance that didn’t resonate as strongly with older generations. By advocating for progressive benefits like paid leave for personal matters or community service days, construction firms can foster loyalty and emphasize their commitment to employee well-being. Act Now: Build Strategies for Retaining Gen Z Workers With Gen Z carving a substantial niche in the construction industry, the time for action is now. Developers and facility managers must rethink their strategies focusing on more than just recruitment. Retention tactics, job satisfaction, and providing a meaningful work culture will shape the industry's future. By doing so, not only can they secure a dedicated workforce, but they can also position themselves favorably in the evolving commercial landscape.

11.25.2025

How the Federal Shutdown Increased Project Stress and What It Means for Construction

Update Impact of the Federal Shutdown on Project Viability The recent federal government shutdown has profoundly impacted the construction sector, marking a significant stress point for project timelines and budgets. As reported by ConstructConnect, the Project Stress Index rose by 1% from September to October 2025, emphasizing a rise in bid date delays and project abandonments. October saw a particularly worrying 45.8% surge in public project abandonments compared to a year prior, with a robust 2.6% increase in public projects temporarily paused. These disruptions are not just numbers; they represent real losses and stalled opportunities within a critical industry. Public vs. Private Sector Stress: A Comparative Insight While both sectors are licking their wounds, private construction projects fared somewhat better than their public counterparts. Devin Bell from ConstructConnect highlighted a noteworthy decline of around 68.9% in private projects placed on hold since last year, demonstrating the resilience of the private sector amidst external pressures. This trend suggests private companies have become adept at navigating the complexities induced by federal policy fluctuations, contrasting sharply with the public sector, where decision-making paralysis during the shutdown exacerbated project stresses. Historical Patterns of Federal Shutdowns and Their Consequences The fallout from shutdowns is not new; previous disruptions in 2013 and 2019 provide a poignant backdrop against which the current situation can be analyzed. Historical precedents reveal that similar federal impasses led to frozen spending and delayed project approvals, creating uncertainty that impeded contractors and suppliers. This time, however, the landscape has evolved: stakeholders must now navigate not only the immediate repercussions of a shutdown but also the long-term impacts of budgetary constraints and shifting project priorities. Cost Pressures: A Double-Edged Sword for Stakeholders Amidst the shifting project timeline landscapes, cost pressures have escalated, complicated by fluctuations in public funding. As Bell noted, while the public sector grapples with increased abandonments, the private sector must still contend with rising costs of materials and labor. For executives and decision-makers, this dynamic prompts a critical dialogue: How to maintain project momentum while keeping budgets in check? This question underscores the necessity of robust financial analysis and strategic planning, especially when preparing for future downturns. Looking Ahead: Navigating Future Challenges in Construction The reopening of the federal government on November 13, 2025, instills a sense of cautious optimism among industry stakeholders. However, normalization of public construction activity remains elusive; significant adjustments will not be visible until subsequent reports materialize. The potential for temporary funding through January 2026 may alleviate some immediate pressures, but the risks stemming from project abandonment and variable funding levels will persist. Construction firms should capitalize on this window to reassess and refine strategies, leveraging insights gained from the current crisis to bolster resilience in future downturns. With these insights, construction executives and strategic decision-makers must stay rigorously engaged in reshaping operational methodologies, reinforcing financial frameworks, and maintaining robust communication channels across the ecosystem. In doing so, they can position their projects for success, even when navigating turbulent times.

11.22.2025

Why October's 21.1% Construction Surge Is a Game Changer

Update Construction Industry Experiences 21.1% Surge Driven by Megaprojects The construction sector saw a significant uptick in activity in October, with total construction starts surging by 21.1% from the previous month, reaching a seasonally adjusted annual rate of $1.53 trillion, according to the Dodge Construction Network. This sudden growth was primarily fueled by a wave of high-value megaprojects, including ten projects each valued at over $1 billion, spanning data centers, manufacturing facilities, and infrastructure improvements. What’s Driving This Construction Boom? Strategic investment decisions made in the realm of data center and manufacturing project development have played a crucial role in this construction boom. Notable projects include the $15.1 billion Calcasieu Pass LNG Export Terminal in Louisiana and the $7.5 billion Meta Hyperion data center in Richland, Louisiana. These megaprojects are not only advancing operational capabilities but are also pivotal in sustaining the demand for skilled labor in the construction industry amidst a backdrop of fluctuating economic conditions that typically challenge smaller construction projects. Sector-Specific Performance: A Variability of Growth While the surge in nonresidential groundbreakings—up 17.9% for October—indicates robust growth in office and data centers (which alone saw an impressive 45.5% increase), not all sectors shared this upward trajectory. The residential construction market, for example, faced a decline of 15.4%, with multifamily units hit particularly hard with a drop of 38.5%. Analysts like Sarah Martin, from Dodge, underscore that while high-tech facilities are electrifying the construction landscape, vulnerabilities exist in other areas, demonstrating a lack of uniform strength across the construction market. Utility and Infrastructure Projects - A Rebound Amidst this growth, nonbuilding construction—with a remarkable increase of 59.4%—suggests renewed focus on utilities and public infrastructure. Recent months have seen a staggering 384.5% surge in utility construction, likely driven by increased demand for environmental sustainability measures and energy efficiency initiatives. Yet, highway and bridge projects experienced a decline of 23.7% during this same duration, reflecting a capital shift towards utility scaling over traditional civil infrastructure. The Broader Implications for Businesses For business owners, property developers, and facility managers, these shifts create a complex landscape filled with both challenges and opportunities. The current boom in megaprojects can motivate firms to recalibrate their operational strategies and financial forecasts. Understanding which sectors are thriving can inform high-stakes investment decisions, particularly in the commercial construction arena, where trends indicate strong potential for revenue generation from nonresidential projects. Conclusion and Call to Action As construction starts continue to evolve, stakeholders must remain agile, leveraging data-driven insights to navigate this dynamic market landscape. Staying informed about emerging trends such as the rise of megaprojects and sector-specific performance is vital to making strategic decisions that drive future growth. To stay ahead, consider engaging with expert analyses and tools that can help optimize your construction strategy and investment plans effectively.

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