Batton

I. INTRODUCTION

Plaintiff Ron Batton, an employee of a construction subcontractor, alleges he sustained injuries while descending an unfinished stairway on a construction jobsite. Batton sued the general contractor, defendant Alten Construction, Inc. (Alten), for damages, asserting claims for negligence, negligence per se, and breach of contract (on a third party beneficiary theory). The trial court entered summary judgment for Alten, holding that Privette v. Superior Court (1993) 5 Cal.4th 689 (Privette) and its progeny barred Batton‟s negligence claims, and that Batton lacked standing to pursue his contract claim. Batton appeals. We conclude triable issues of material fact exist as to Batton‟s negligence claims, but not as to his contract claim. We affirm in part and reverse in part.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. The Contracts On October 2, 2008, Alten entered a contract with the City of Sausalito (City) to construct a public safety building that would include police and fire stations. The contract incorporates a document designated “Section 00700[,] General Conditions.”

1 Among other matters, Section 00700 addresses the relationships among City, Alten, and other…