Contractor Liability

Tishman / AECOM Tishman Construction Accident Liability in New York

AECOM Tishman has managed construction on some of New York's most consequential projects. If you were injured on one of their sites, New York Labor Law may give you a direct claim against Tishman regardless of who signed your paycheck.

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About Tishman Construction

Tishman Construction traces its roots to 1898, when Julius Tishman founded the company that would eventually build iconic New York structures across multiple generations. The company managed construction for the original World Trade Center twin towers in the 1960s and 1970s, a project that defined the modern era of supertall construction in Manhattan.

In 2010, AECOM — one of the world's largest infrastructure and engineering firms — acquired Tishman Construction, and the company operates today as AECOM Tishman. That acquisition gave the firm global reach while keeping its New York identity intact.

AECOM Tishman's post-acquisition New York portfolio is substantial. The company served as construction manager for 30 Hudson Yards — the 1,268-foot tower that is one of the tallest buildings in the Western Hemisphere. Tishman also managed construction phases of the World Trade Center site redevelopment, including work on the 9/11 Memorial and Museum and infrastructure at the broader campus. The company has managed hospital construction, educational facilities, and major commercial developments throughout the metro area.

These are, by definition, among the most complex construction projects in the world: massive footprints, significant work at extreme heights, tight urban sites, dozens of active trade contracts running simultaneously. The injury risk environment is commensurately serious.

Labor Law 240 and 241 Applied to Tishman Projects

As general contractor or construction manager on a project, AECOM Tishman sits at the top of the contractor hierarchy and bears the non-delegable duties imposed by New York Labor Law §§ 240(1) and 241(6). Whether Tishman holds the GC contract directly or operates under a construction management agreement that gives it authority to supervise and coordinate subcontractors, it falls within the statute's reach.

New York courts have consistently held that a construction manager who has the authority to coordinate safety, stop work for safety reasons, and oversee the entire project is the functional equivalent of a general contractor for purposes of Labor Law liability. AECOM Tishman's role on major projects fits that description.

On supertall tower projects like 30 Hudson Yards, the fall exposure is extreme. Workers routinely work at hundreds of feet above grade. Core jumpers, exterior facade installers, mechanical and electrical workers in upper-floor mechanical rooms — all face conditions where an inadequate safety system under Section 240(1) is a life-or-death issue, not a technical violation.

Section 241(6) Industrial Code violations are equally relevant on dense urban sites. Material staging areas, temporary construction roads, floor openings awaiting permanent coverage, interfloor ladder access — the code violations that produce 241(6) liability are pervasive on complex projects.

What Injured Workers at Tishman Sites Can Recover

Labor Law claims against AECOM Tishman are civil lawsuits seeking full tort damages. This is fundamentally different from workers' compensation, which pays reduced wage benefits and medical expenses but provides no pain and suffering recovery.

In a Labor Law 240(1) case against Tishman, damages are not capped. On serious injury cases — spinal injuries, traumatic brain injuries, amputations, severe fractures — settlements and verdicts in the multi-million dollar range are not unusual when the liability is clear and the injuries are permanent. The recoverable components include:

  • All medical expenses, past and future
  • Lost wages from the date of injury
  • Reduced earning capacity for the remainder of your working life
  • Conscious pain and suffering, past and future
  • Loss of enjoyment of life
  • Your spouse's loss of consortium claim

How to Document Your Claim

Tishman's project administration teams are thorough. There will be documentation — inspection logs, safety meeting records, subcontractor coordination reports. Getting to that documentation through litigation is possible. But your own steps in the immediate aftermath matter enormously:

  • Incident report — make sure one is filed and get a copy before you leave the site
  • Photographs — the scaffold, the harness, the ladder, the floor opening, the falling object — document the physical condition before cleanup happens
  • Witnesses — get names and phone numbers of anyone who saw the accident or who knows the condition of the equipment beforehand
  • Medical treatment — same-day treatment creates a contemporaneous medical record tying the injury to the accident
  • Don't make recorded statements to anyone representing Tishman or its insurers without your own lawyer present

Common Questions

Tishman was the construction manager, not the GC — does Labor Law still apply?

It depends on the scope of authority in the contract and the actual day-to-day role on the project. New York courts look at whether the construction manager had authority to supervise safety, coordinate subcontractors, and stop unsafe work. If Tishman had that authority — which is typical in their engagements — courts treat them as a general contractor for Labor Law purposes.

I was doing facade installation at extreme height — is that covered?

Yes. Section 240(1) covers work involving elevation differentials. Facade installation on supertall towers is one of the most dangerous forms of construction work in New York, and falls from that height are the exact scenario the statute was written to address. If you fell because of an inadequate safety system — inadequate harness anchorage, a scaffold that gave way, no personal fall arrest system — the GC faces absolute liability.

The accident was partly my fault. Does that bar my claim?

Under Labor Law 240(1), contributory negligence is not a defense to a gravity-related injury when the safety device was inadequate. Your comparative fault can reduce a 241(6) claim (which is not absolute liability), but it cannot eliminate a 240(1) claim unless Tishman proves you were the "sole proximate cause" — meaning their failure played no role at all.

What if the World Trade Center site involves government entities?

The Port Authority of New York and New Jersey — a bi-state public authority — is the landowner of the World Trade Center site. Injuries on that site may trigger the 90-day Notice of Claim requirement for public authority defendants. If the accident happened there, you need an attorney immediately. Missing that window can forfeit your claim against the property owner, even if your claim against the GC survives.

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