WORKPLACE SERVICES SITE ACCESS Q&A Aclient will naturally be eager to have access at a reasonable time with the Q: My subcontractor has been contacted by visit the site to see the progress builder’s consent. In summary: the builder the client who has instructed him to do of their new home – however site has exclusive control of a building site the work differently than what is on the access needs to be restricted until handover. Owners need the builder’s plans- how should I deal with this? and controlled for health and safety express permission to visit for an inspectionA: In accordance with the HIA contract, purposes. What can you do if your client or any other purpose. the owner must only communicate with the ignores the rules? Q: The owner has asked me if they can builder or builder’s representative. The owner come and do some work onsite to save should not be instructing a subcontractor Q: My client keeps coming onsite costs. Should I allow this? on matters in the builder’s contract. It is unannounced – is this allowed? A: Allowing the owner to do some works always a good idea to make this clear to the A: HIA contracts provide that the builder hasthemselves whilst the build is still beingclient when signing the contract. If an owner exclusive possession of the site. This meanscompleted is a huge risk. As a builder you continually instructs subcontractors this can that the builder controls what happens have duties of care with regard to health, be treated as a breach of contract as it is onsite, including when others can access safety and welfare. This duty extends to contrary to the client’s obligations under the the building site. cover anyone onsite, including the owner. site possession and access clause. It is also It is important for builders become Allowing an owner onsite to undertake wise to ensure your contractors are aware familiar with the site possession and works whilst it is still a construction zoneof this protocol reduce miscommunication access clause in HIA contracts. This clauseshould be avoided. and ensure any variations are appropriately sets out the obligations of the owner to Not only could it be a risk to safety, administered and actioned. provide all weather access, to not hinder it could also impact on the progress of For further advice on this topic please the builder’s access or possession of the works and negatively impact the standard contact your Workplace Advisor on site, and provides that the owner may only of workmanship. 02 4014 2000. 2019 HIA Housing and Kitchen & Bathroom HIA SAFETY IS HERE TO HELP AWARDS Rest assured your worksite is safe. We can help with: > Specialist advice and support HIA is seeking building professionals > Site safety checks to assist in judging the 2019 Housing > Specialised safety systems and Kitchen & Bathroom Awards. > Sub-contractor safety management > Signage Judges require knowledge of building techniques, design and workmanship, and the digital ability to view entries Call HIA Safety on 1300 650 620 online. No previous judging experience is needed. or visit www.hia.com.au For further information contact HIA Events on 1300 650 620 or visit hia.com.au/awards BUILDING NEWS ISSUE 1/2019P21