Khosh

FACTS AND PROCEDURAL HISTORY

The University hired Staples to install a backup electrical system at the university. Staples hired DK Electrical Systems, Inc. (DK) as the high-voltage subcontractor for the project. DK hired Myers to construct and install electrical switchgear for the system. The contract between Staples and the University required Staples to “exercise precaution at all times for the protection of persons and their property,” and to “retain a competent, full-time, on-site superintendant to . . . direct the project at all times,” among other things. It made Staples “exclusively responsible” for the health and safety of its

2 subcontractors, and required Staples to submit “comprehensive written work plans for all activities affecting University operations,” including utility shutdowns. Myers informed Staples it needed three days to accomplish its last task on the project, including a shutdown of the electrical system. The University scheduled a campus-wide electrical shutdown. The shutdown was to be followed by final testing of the system’s operation. Khosh arrived at the University two and a half hours before the scheduled shutdown time. The University’s project…