IR & LEGAL UPDATE PHILLIPA STEWART Workplace Adviser – ACT/Southern NSW Q&A: SITE ACCESS ISSUES A client will naturally be eager to visit site to see the progress of their new home – however access to site needs to be restricted and controlled. It is a construction site after all and safety is a paramount concern for any building business. What can you do if your client provide all weather access, to not hinder completed is a huge risk. As a builder you ignores the rules? the builder’s access or possession of the have duties of care with regard to health, Q: My client keeps coming site, and provides that the owner may only safety and welfare. This duty extends to onsite unannounced – is have access at a reasonable time with the cover anyone onsite, including the owner. this allowed? builder’s consent. In summary: the builder Allowing an owner onsite to undertake A: HIA contracts provide that the builder hashas exclusive control of a building site works whilst it is still a construction zone exclusive possession of the site. This meansuntil handover. Owners need the builder’s should be avoided. that the builder controls what happens express permission to visit for an inspection Not only could it be a risk to safety, onsite, including when others can access or any other purpose. it could also impact on the progress of the building site. Q: The owner has asked me if they can works and negatively impact the standard It is important for builders become come and do some work onsite to save of workmanship. familiar with the site possession and costs. Should I allow this? access clause in HIA contracts. This clauseA: Allowing the owner to do some works IN SUMMARY: THE sets out the obligations of the owner to themselves whilst the build is still being BUILDER HAS EXCLUSIVE CONTROL OF A BUILDING SITE UNTIL HANDOVER Q: My subcontractor has been contacted by the client who has instructed him to do the work differently than what is on the plans – how should I deal with this? A: In accordance with the HIA contract, the owner must only communicate with the builder or builder’s representative. The owner should not be instructing a subcontractor on matters in the builder’s contract. It is always a good idea to make this clear to the client when signing the contract. If an owner continually instructs subcontractors this can be treated as a breach of contract as it is contrary to the client’s obligations under the site possession and access clause. It is also wise to ensure your contractors are aware of this protocol reduce miscommunication and ensure any variations are appropriately administered and actioned. P16 BUILDING NEWS ISSUE 1/2019