Gordon A. Peterson V Hawkins Construction Company, Inc.

In this September 1994 court suit, Peterson wrecked his motorcycle on Interstate 480, where Hawkins had allowed mud and water to accumulate on the lanes of the Interstate highway. His court suit charged that Hawkins had failed to properly grade the sides of the highway so that mud and water flowed onto the highway and failed to provide a drain to remove mud and water. (Case #930-323)

On March 28, 1989, Gerald L. Barrett was an employee of Hawkins Construction Company, Inc. He worked as a laborer making $9 per hour. One day he was required to move a steel beam. In doing so, he injured his back and incurred other injuries, according to his court suit. He charged that he was totally disabled for over 100 weeks and ran up thousands of dollars in medical bills. Ultimately, Hawkins Construction agreed to pay him $13,250 in a lump sum settlement. (Case #904-586)

Hawkins sued Douglas County, because Hawkins thought that the county taxes were too high. According to the court suit, Hawkins claimed, among other things, that the Douglas County taxes were unconstitutional in this 1991 court case. Hawkins claimed they should be taxed at the same, lower rate that is assessed against railroads and pipelines, even though Hawkins is a construction company. (Case #898-528)

Hawkins Construction hired Reiman Corporation to work on a highway project near North Platte, Nebraska after Reiman submitted the low bid in late 1990. After receiving the contract, according to Hawkins, Reiman refused to do the work. Reiman told a different story of this botched bid situation. In their lawsuit, they claimed that Hawkins had not accepted Reiman’s bid proposal.

The court rejected Hawkins claims and ruled that there was never a contract between the two parties. Hawkins refused to leave this decision alone and appealed. The appeals court rejected Hawkins, also. The court ruled, "Hawkins, in many respects, varied the major terms of the bid and other material items relevant to the contract were not resolved. Therefore, no contract was fully made by the parties." (Case #892-203)

Edward Meinke was a construction worker on a Hawkins job site at the First National Bank site at 114th and Dodge Street in Omaha, Nebraska. On March 24, 1989 while on the job he fell as he was trying to descend an unlighted staircase on that job, thus injuring his ankle severely. His court complaint charged that Hawkins was negligent and careless for failure to light the stairwell, failure to post warnings, and failure to provide a safe place to work. Meinke sued for $2,076 in medical expenses and lost wages. Hawkins refused to recognize their obligations to Meinke, who was forced to seek a jury trial. The jury issued a judgment against Hawkins and ordered Hawkins to pay a $7,500 judgment to Meinke. (Case #890-121)

In July of 1989 Jerry D. Peterson was an employee of Hawkins Construction Company, Inc. He worked as a laborer, making the grand sum of $9.45 per hour. According to his court suit, one day he was required to move a piece of heavy machinery that was stuck in the mud. He strained his back and incurred other injuries due to this action, according to his court suit.

For their part, Hawkins Construction Company, Inc. denied that the incident ever took place. Instead, Hawkins claimed Peterson walked off the job after a bitter argument with his foreman. Peterson’s claims of physical injury came only later, according to Hawkins.

As the case progressed, Hawkins agreed to pay some of Peterson’s medical bills and paid a lump sum for Peterson’s injuries.

This is just one of the many court suits against Hawkins filed by injured workers, including former and current employees of Hawkins and also by injured employees of Hawkins’ subcontractors. These types of suits may seem unimportant at first, but this litigation could be crucial to the construction customer of Hawkins or other contractors. Every court suit by an injured worker is potentially a dagger aimed at the deep pockets of the construction customer who owned the site where the injury occurred. A construction customer who hires Hawkins, or other parties such as architects who are associated with a Hawkins job, could face a multi-million dollar liability if an injured Hawkins worker sues their company, claiming the construction customer or third party failed to properly supervise Hawkins’ safety practices.

To a degree, the construction customer is liable for the actions of the construction company and its employees. If a Hawkins employee injures a third party in a car accident while on the job, the injured motorist could sue the construction customer. That may sound far-fetched, but it happened to Coastal Crane in Northern California recently. Many of these types of suits have been filed in the last few years against major construction customers such as Phelps Dodge.

Hawkins’ customers may be especially vulnerable to these types of suits, because there have been so many injured workers, along with misbehaving workers, on Hawkins’ construction sites over the years. In recent issues, The Contractors Critic has published summaries of several cases involving Hawkins and its injured workers, as well as injured third parties. In several of those cases, Hawkins’ customers were also sued because of the alleged negligence of Hawkins. (Case #883-538)

On August 29, 1988 William J. Donofrio drove up to a Hawkins construction site at 7700 West D. Street in Omaha, Nebraska and stopped his car. While stopped a Hawkins flagman violently grabbed his left arm. The startled Donofrio started to drive away, wrenching his arm and shoulder severely. According to the court suit, Donofrio sued and charged Hawkins Construction with failing to use reasonable care in directing traffic near a construction zone, and was negligent in failing to follow their own company policies regarding the duties of flagmen in construction zones. (Case #880-035)

Edward Williams was rushing to catch a plane for his business trip from Eppley Airfield, in Omaha, Nebraska. The day he was supposed to catch his flight in August 1985, Hawkins Construction was tearing up the Eppley Airfield terminal as part of a construction project. According to Williams’ court complaint, Hawkins failed to warn bystanders that there was a sharp drop off in the floor of the terminal building, which created an inherently dangerous condition. Williams fell, suffering serious and permanent injuries to his ankle and leg. He sued Hawkins for $5,790 in medical costs and damages. (Case #876-388)

Bryan Vossler was a drywaller for Eliason & Knuth on a project at the Veterans Hospital in Omaha, Nebraska on May 20, 1986. According to this lawsuit, while Vossler was working on a scaffold, a 12 foot 4 x 4 beam fell from three stories above him, smashing into his head. Vossler toppled another 2 ½ stories to another scaffolding platform, suffering massive injuries. He suffered complete temporary disabilities. He then sued Hawkins, who was the general contractor, charging that the beam that fell had been improperly secured, and that he had not been warned of the unsafe beam, also that Hawkins had failed to properly supervise the construction operation.

He sued for $8,853 in medical costs and other damages. (Case #865-345)

According to this cout suit, Michael O’Kelly was an employee of Hawkins Construction. In October 1985, he suffered a back injury and suffered complete temporary disabilities for 57 weeks. He sued and Hawkins agreed to a lump sum settlement of $14,550, based on him being 25% disabled. (Case #861-679)

Laura Hughes wanted to leave on her much needed vacation. But the first part of her trip was supposed to be an airplane flight from Eppley Airfield, in Omaha, Nebraska on June 6, 1985. The day she was supposed to catch her flight, Hawkins Construction was tearing up the Eppley Airfield terminal as part of a construction project. According to Hughes’ complaint, Hawkins failed to warn passers by that there was a sharp drop off in the floor of the terminal building, which created an inherently dangerous condition. Hughes fell, suffering serious and permanent injuries to her knees and legs. She sued Hawkins for her medical costs and damages. (Case #859-597)

According to this court suit, Dale Sheets was a Hawkins employee, who in August 1986 was seriously injured in a car accident while he was on the job. Ervin Sheets is acting as guardian and conservator in this case. (Case #857-065)

James Ahrendsen was a heavy equipment operator who worked for Hawkins. On June 6, 1983, Ahrendsen suffered an on the job injury to his hip, that aggravated an existing condition. He claimed in this lawsuit that he was permanently disabled for 118 weeks and partly disabled after that, and then he claimed that he was permanently disabled. Hawkins denied that he was permanently disabled, but then offered Ahrendsen a lump sum settlement of $52,500. (Case #848-394)

Ron Eric Patterson was injured while working on the construction of the Federal Reserve Bank in Omaha, Nebraska in November 1984. He was a 20-year employee of Weathercraft, a subcontractor of Hawkins. Patterson’s job included placing hot tar on the building’s roof. His suit charged that Hawkins created and maintained a hazardous work area, and that Hawkins failed to warn workers of the hazards and failed to properly supervise the site.

Not only did Patterson sue its employer Weathercraft and Hawkins the general contractor, he also sued Henningson, Durham & Richardson (HDR). In other words, this case is an example of how a third party, only loosely related to Hawkins, can be sued by a worker injured on a Hawkins job site. Specifically, HDR was charged with failing draft specifications for job safety, and failure to supervise and monitor its subcontractors and the work place to determine that dangerous conditions were not permitted to exist or continue.

Patterson’s suit asked for $8,672 in lost wages and $27,688 in medical expenses. (Case #845-789)

Roseboro had a house near the North Freeway in North Omaha. When Hawkins Construction was working on that highway from June 1984 through April 1985, Hawkins’ work, mainly the movement of heavy equipment, caused severe vibrations. Roseboro’s complaint alleged that Hawkins caused his foundation to crack and that the ceilings and walls in several rooms were also damaged. He claimed in this lawsuit that Hawkins’ failed to design the project and perform the work in a workmanlike man conduct and caused an unreasonable risk of damage to his property. Again, Hawkins construction customer the State of Nebraska was also sued because of Hawkins alleged errors. (Case #844-637)

William Nugent had a house near the Storz Expressway in North Omaha. When Hawkins Construction was working on that highway from May 1983 through April 1985, Hawkins’ work caused "tremendous vibrations," especially during the pile driving. Nugent’s complaint alleged that Hawkins caused his foundation to crack and that the ceilings and walls in several rooms were also damaged. In this court suit, he claimed that Hawkins’ failed to design the project and perform the work in a workmanlike man conduct and caused an unreasonable risk of damage to his property. This case is also important because once again, Hawkins Construction customer the State of Nebraska was also sued because of Hawkins alleged errors. This case illustrates, again, how the errors of your contractor can lead to you being sued. (Case #843-793)

Floyd Fry was an ironworker, who worked for Hawkins. In September 1984, Fry suffered an on the job injury to his elbow. In this court suit Floyd claimed that he was permanently disabled for 14 weeks. Hawkins denied that he was disabled but then offered Fry a lump sum settlement of $7,250. (Case #842-507)

According to this court suit, Jeffco Power Services was supposed to supply generators and other equipment to Hawkins for its construction project on the City of Omaha Missouri River Wastewater and Energy Recovery facility. But change orders interfered with the progress of the job, and Jeffco sued Hawkins and others over the delays in this 1985 court suit. (Case #842-066)

A Hawkins Construction Company, Inc. Mack Truck, traveling at excessive speed, smashed into Linda Reynolds’ Mercury in July 1984. According to Reynolds’ complaint, she received serious injuries due to the accident with the Hawkins semi-truck. After all, what chance does a small car have against a large 18-wheeler? (Case #841-678)

Alcine Anderson worked for the Nebraska State Department of Education at a state office building on Farnam Street in downtown Omaha, Nebraska in October 1980. At the same time, Hawkins was performing construction at that same building. As a result, the elevators weren’t working so Anderson had to use the stairs to leave at the end of her workday. But the lighting in the stair way didn’t work and the stairwell was littered with construction debris. According to her court filing, she tripped, fell and suffered serious and permanent injuries.

She sued Hawkins for negligence, for failing to provide a reasonably safe work place, for falling to provide a same means of passage for the buildings employees, for failing to warn the employees of the dangers of the job site, and for failing to remedy the dangerous conditions of the stairway.

Importantly, she sued not only Hawkins, but also the construction customer the State of Nebraska. In other words, the construction customer was sued over the alleged wrongdoing of Hawkins Construction. (Case #839-727)

Elmer Hardesty had a house near the Storz Freeway in North Omaha. When Hawkins Construction was working on that highway from June 1983 through January 1985, Hawkins’ work, mainly the movement of heavy equipment, caused severe vibrations. According to his court complaint, Hawkins caused his foundation to crack and that the ceilings and walls in several rooms were also damaged. He claimed that Hawkins’ failed to design the project and perform the work in a workmanlike man conduct and caused an unreasonable risk of damage to his property. Again, Hawkins Construction customer, the State of Nebraska, was also sued because of Hawkins alleged errors. Hardesty asked for $30,725 in damages. (Case #839-629)