Welliver was originally entered into by Wellco, Inc. as Welliver’s predecessor. 4 . Ward is a Delaware corporation with its principal place of business located in Bloss-burg, Pennsylvania. 5 . A “turn-key” project is one “in which all owner need do is 'turn the key' in the lock to open the building with nothing remaining to be done and all risks lo be assumed by contractor.” Black's Law Dictionary 1055 (6th ed.1991). 6 . Welliver is located in Elmira, New York. 7 . Ward Excavating is a Pennsylvania corporation with its principal place of business located in Troy, Pennsylvania. 8 . The phrases "peculiar risk” and "special danger” are used interchangeably. Restatement (Second) of Torts § 416 comment a (1965); Ortiz v. Ra-El Dev. Corp., 365 Pa.Su per. 48, 528 A.2d 1355, 1357 n. 2 (1987) (<HOLDING>). 9 . Nowhere in their Brief in Opposition to
holding that an agreement which required the submission of an affidavit of payment to subcontractors or lien waivers before payment was made by the general contractor was for the direct benefit of the subcontractors holding corporation that contracted with independent contractor not liable to subcontractors employee plaintiff was unable to establish that peculiar risk or special danger caused injury holding in part that the liability insurance company of the subcontractor which had named the general contractor as an additional insured on the subcontractors policy was liable to reimburse the general contractor for a settlement payment the general contractor had made to the subcontractors employee holding that contract charged primary contractor with a duty of care for all employees on the work site including employees of its subcontractors where contract required primary contractor to comply with applicable state and federal safety statutes and regulations made primary contractor responsible for reviewing safety programs of its subcontractors and primary contractor employed a safety officer to oversee its subcontractors operations holding that bankruptcy trustee for contractor could not avoid prepetition payment of funds from contractor to subcontractors