employee who was injured while removing sludge from owner’s mill even though contract provided that contractor would obtain advice from owner’s safety director as to safety regulations and agreed to conform thereto), trans. denied; cf. Stumpf, 863 N.E.2d at 877 (concluding that primary contractor did contractually assume duty of care to its subcontractor’s employees where contract required contractor to “take all necessary precautions for the safety of employees on the work” and to comply with all state, federal, and local safety laws and codes to prevent accidents or injury to persons on or adjacent to the premises, and required contractor to designate an agent whose duty it was to prevent accidents); Perryman v. Huber, Hunt & Nichols, Inc., 628 N.E.2d 1240 (Ind.Ct.App.1994) (<HOLDING>); Cummings v. Hoosier Marine Props., Inc., 173
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 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 holding that application of licensing statute effective after unlicensed subcontractor entered construction agreement with contractor would impair obligations under the contract because contractor would be relieved of its obligation to pay for subcontractors services 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