Controlling Site Access
Controlling site access is important. But what do you do if clients want to come onsite to check progress of works, do their own works, or bring their own trades on? The following are some of the most common questions HIA receives from members. Controlling site access is important. But what do you do if clients want to come onsite to check progress of works, do their own works, or bring their own trades on? The following are some of the most common questions HIA receives from members.
Q: My client keeps coming onsite unannounced- is this allowed?
A: HIA contracts provide that the builder has exclusive possession of the site. This means that the builder controls what happens on site, including when others can access the building site.
The site possession and access clause in HIA contracts provides that the owner may only have access at a reasonable time with the builder’s consent. This clause is aimed at reducing disputes. Disputes are often created by owners telling subcontractors to do work or agreeing to a variation which the builder does not know about.
If the owner exercises this right, it is therefore important to arrange site meetings with the owner at times where little activity is happening, for example, at the end of the day when trades have left, and where less hazards are on site (e.g. voids covered, access paths clear of debris). You should also verify who intends to access the site and the purpose of the visit.
If the owner ignores your site access rules, you need to bring this to their attention, and warn them that such conduct is a breach of their obligation under the contract.
Q: The owner has asked me if they can come and do some work on site, to save costs. Should I allow this?
A: Allowing the owner on to site to do some work themselves whilst works are still being completed under your contract is a huge risk. As a builder you have a duty of care for the health, safety and welfare of to anyone who comes on the building site, including the owner.
Allowing an owner onsite to perform works whilst it is still a construction zone is a great risk and should be avoided. Not only could it be a risk to safety, it could also impact on the progress of works and negatively impact the standard of workmanship.
Q: The owner would like to engage some of their own trades- can I allow them onsite whilst we are still the builder?
A: Ideally it is better that the owner brings their own trades on once you have completed your contracted works and handed the site back to the owner.
If this is not practical and you agree to allow the owner’s contractors onsite, you should:
- Seek contractor details including copy of white card and any safety plans, Safe Work Method Statement (SWMS) and insurances
- Provide your site rules to owner to forward to contractor (and seek acknowledgement that contractor is aware of them and will abide by them)
- Control when those trades can come onsite (days and times) to minimise safety risks, and minimise disruptions to your job schedule
Q: How do I enforce my right to control the site if I use the HIA contract?
A: If the owner breaches the clause of the HIA contract, you may issue a notice of default and/or a notice of suspension. Both notices should identify the breach and outline the consequences that result if the owner fails to address the breach within the relevant time-frame. If you issue a notice of default or suspension, you need to do this strictly in accordance with the contract. HIA has a team of Workplace Advisers who are available to assist members understanding their contractual rights and obligations. To speak with a HIA Workplace Adviser or details on becoming a member call 1300 650 620.
Craig Jennion
HIA Executive Director – Hunter