Can injured workers seek recovery from the Construction Manager (CM) based on the duty of care owed to them?

In the context of workplace safety and liability, the statement that injured workers can seek recovery from the Construction Manager (CM) based on the duty of care owed to them is true. Construction Managers have a legal and ethical obligation to ensure a safe working environment for all employees and subcontractors on the job site. This duty of care includes implementing safety protocols, maintaining equipment, and providing necessary training to minimize risks of injury.

When injuries occur, if it can be demonstrated that the CM breached this duty of care—such as by neglecting safety standards or failing to address known hazards—those injured may have grounds to seek recovery for damages. This principle is rooted in tort law, which holds parties accountable for harm caused due to negligence.

The other options address conditional factors or limitations that are not universally applicable. For example, considering a situation-dependent response would imply that there are instances where the CM wouldn't be liable, which would not reflect the consistent legal responsibility under the duty of care. Similarly, a requirement for a contract is not needed for a claim based on negligence in a workplace context; the obligation exists independently of contractual arrangements.