APPEAL from the Circuit Court of Rock Island County; the Hon.
ROBERT J. HORBERG, Judge, presiding.
MR. PRESIDING JUSTICE STOUDER DELIVERED THE OPINION OF THE COURT:
Plaintiff David Greenstreet initiated this action to recover damages sustained in a fall from a swing-stage scaffold by filing a complaint in the circuit court of Rock Island County alleging violation of the Structural Work Act (Ill. Rev. Stat. 1973, ch. 48, par. 60 et seq.) by defendant and third-party plaintiff Deere and Company (hereinafter Deere). Third-party defendant Bert M. Lafferty Co. (hereinafter Lafferty) joined Deere in moving for summary judgment. Holding that Deere was not, as a matter of law, "in charge of" the work involved, the trial court granted the motion and declared the third-party action moot.
Giving rise to this litigation was the painting of certain portions of John Deere Plow and Planter Works in Moline, Illinois, by Bert M. Lafferty Company of Rock Island, Illinois, a general contractor which at the time of the injury involved, employed plaintiff as a painter. Among the provisions contained in the construction contract between Deere and Lafferty were the following terms and conditions:
"3. Owner's Right to Access
Owner reserves the right of access to any premises where the work is being performed.
4. Owner's Right to Terminate Order
(c) Refuse or fail except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials;
(e) Disregard or violate law, regulations or ordinances;
(f) Persistently ignore the requests or instructions of Owner.
(g) Fail to complete the work by the completion date herein where no extension of time has been granted * * *.
(h) Be guilty of a substantial violation of any provision of this Order;
(i) Then the Owner may, without prejudice to any other right or remedy it may have and after giving the Contractor seven days written notice, terminate this Order and take possession of the premises * * *.
8. Protection of Work and Property
Contractor shall continuously maintain adequate protection of all work from damage and shall protect Owner's property from injury or loss arising in connection with the work. He shall adequately protect adjacent property.
Contractor shall take all reasonable precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, state and municipal safety laws and building codes to prevent accident or injury to persons on, about or adjacent to the premises where the work is being performed. He shall erect and properly maintain at all times, as required by conditions and progress of the work, all necessary safeguards for the protection of workmen and the public. He shall designate a responsible member of his organization on the work whose duty shall be the prevention of accidents. Contractor shall comply with Owner's Safety Regulations.
11. Defective Work and Materials and Warranty
Owner shall notify Contractor in writing of all work and materials deemed by Owner to be defective. Contractor shall promptly thereafter make all necessary corrections. Should Contractor fail to do so, Owner may at its sole option and without further notice correct the defect. In addition, Owner shall have the right to terminate the Order in accordance with and pursuant to the provisions of Paragraph 4, above.
Contractor expressly warrants that all the material and work covered by this Order will conform to the specifications, drawings, samples or other description furnished or adopted by Owner, and will be of good material and workmanship, free from defects, and ...