Contractor, Insurance & Who can enter site?

[atlasfever]

Question: When you hire a contractor to manage your build, I understand that he has insurance for the premises (in case of a problem). I assume this is a health & safety type of insurance. But, does this mean that you, the owner of the flat, or a guest of yours may not enter the flat?

Apparently, he was upset that I entered the site with a tradesperson (not one of his sub-contractors). I had entered the site while his other tradespersons were there -- it was a call out where I was getting advice from a tradesperson who would engage in work that my overall builder is not involved with -- Anyway, is there a logic to what my builder is saying? I.e. Since it's his build site, (& insurance), that i have to announce in advance to him who I'm bringing?

My first reaction is to assume that he just doesn't like me engaging with other tradespeople. From my perspective, I want to ensure everything is done not only well, but very well, and so I always seek out at least 3 opinions. From my other posts, it's probably clear that I'm rather detailed and want to ensure a solid approach. Anyway, so my builder for example is clearly really strong in the bathrooms department, but for those items that are not part of his contract, i would naturally look elsewhere. And, to be honest, I also want to keep everyone honest I could easily sit back and just say yes to everything my builder suggests, but I don't think this is a wise approach, no matter who your contractor is -- and, even if he/she is honest, my approach allows for more feedback so that I can make an educated decision.

So, he wants me to let him know in advance if I'm visiting my flat w a tradesperson. I'm wondering how 'knowing in advance' changes the insurance issues. I recognize that I am looking at this from the client view only perhaps...

Appreciate your honest feedback. Cheers.

 

[Keith Bowman]

How odd. I could have sworn I once heard that the customer is always right

 

[DJH]

This is a tricky one. Not knowing what sort of Contract of Works you have with your contractor all I can do is speculate but, apart from contractual details, it is good manners in my opinion for a client to advise his contractor if he is considering either employing or seeking advice from another contractor or sub contractor. A sub contractor, especially one chosen or nominated by a client, must be added to the main contract to enable the main contractor to allow for attendance on the sub contractor. For example if you were to employ an electrician or plumber then the main contractor’s attendance on them could include forming holes, chases, lifting floorboards, access such as towers or scaffolding, washing, toilet and canteen facilities along with cleaning up and removal of rubbish left over from your selected sub contractors work. This, quite obviously would involve extra costs to the main contractor and he may also, under his contract with you, be entitled to add a percentage for profit based on your sub contractors charges. He may also be entitled to approve your sub contractor as well.

From the insurance point of view I believe both employer and main contractor should carry adequate insurances and I understand that an employer should be aware of the main contractors Health and Safety policy and for ensuring the Health and safety of all workers and visitors to site. Apparently it's no excuse to choose the cheapest quote for the works and then finding out that the contractor doesn't have the necessary Health and Safety requirements in place. Things like Method Statements and lists of substances likely to be used that are hazardous to health should form part of the contract exchanged between you and your builder.

Signing in of visitors and induction to site safety requirements are paramount so your contractor is, in my view, quite right to insist that you should keep him in the loop so to speak when bringing in others to view or quote for work. He should also, to keep the peace and openness between you, accompany you and your visitors around the site so that he is aware of any implications that might arise during your visit.

You can see why I retired early...

Doug

 

[atlasfever]

Doug,

Thank you for taking the time to reply with such a detailed response.

You have made some interesting points, and I take them on board.

This is my first time hiring a contractor, or doing a build, so I'm trying to stay one step ahead, but mostly behind If I boil down what you're saying (besides the insurances and safety check in) you're suggesting that I be even more upfront about getting trades people in, and asking my contractor to be present. Got it.

As for him charging me a % or uplift based on sub-contractor works: If I use his materials (scaffolding, etc) or create a mess for him to clean up, then yes, I would agree with you. However, there are elements that are not part of his contract. I have him doing most regular stuff such as wiring, plumbing, floors, plastering, etc. However, cornice fixing or decorative plastering or other specialist works were left out b/c he does not have a resource. You have reminded me that I need to think ahead and manage expectations/planning.

Thanks again.

 

[DJH]

The situation could also arise that perhaps your builder and say plasterwork sub contractor both need access to an area, a room maybe, at the same time where one needs to work on the ceiling and the other needs to take up floorboards. You could have claims for delays from either party if you don't have some form of agreement and work programming in place.

It really is all about keeping everyone on side so that you get what you want. A job done entirely to your satisfaction and a band of happy tradesmen.

Dispute resolution is all about not letting disputes arise in the first place.

 

[Andrew Bodenham]

atlasfever,

Have you signed a formal contract with your contractor? If so what sort of contract is it?

DJH's advice is good. Your main contractor is responsible for H&S on site, and that means having some control over who has access to the site. As part of your contract you should have discussed access arrangements and the rules for site visitors. For a small domestic contract this would typically be as simple as informing the site foreman that you were there, and it would be a very unreasonable contractor who did not let you have free access to your own property (I'm assuming that you are dealing with the renovation of an existing property owned by you, rather than a new build owned by a developer)

However, if your contractor is simply getting a grump on because he feels you are going behind his back to arrange parts of the work then that's another matter. Hopefully your contract documents (drawings, schedules etc.) describe the extent and nature of the work, so your contractor knows what he is and isn't doing. Ideally any additional works will be carried out after the main works are complete, but if there needs to be an overlap you will have to negotiate periods of access and the use of site facilities with your contractor, who could reasonably make a case for not granting access to workers not under his contractual control if it exposed him to risk or interferred with his programme of work.

Communication at an early stage is vital to avoid later problems. If you have a formal contract then it's worth ploughing through the small print. I'm presuming that you do not have an architect or other contract administrator working for you on this job.