Who Controls a Building Site?

If you are a principal contractor (builder) in control of a building site you are responsible for the safety of everyone who comes onto the site. This includes your contractors, your employees, your client and even strangers.

This article explains the importance of keeping control over your building site and why homeowners should not come onto site without notice and supervision.

Why Do You Need to Keep Control of the Site?

A building site can be a dangerous place for people who are not aware of the risks that exist on your site, so the builder does not want people on site unnecessarily. Aside from WH&S reasons, having other people on site may interfere with the builder’s ability to carry out the works and may affect works that have already been carried out. The builder does not want to be responsible for defective work or damage caused by other contractors.

How Can the Builder Make Sure They Have Control of the Site?

If the builder wants to have full control of the site it is essential that there be a clause in the construction contract that gives the builder the right to exclusive possession of the site to carry out the building works. Most residential construction contracts will have a clause to this effect.

What Does the Contract Say About Control of the Site?

The site possession and access clause contained in most construction contracts not only gives the builder exclusive possession of the site, it goes further to say that the owner or its agents must not hinder:

• the builder’s access to or possession of the site; or
• the progress of the building works.

Most standard form contracts will also state that the owner must not:

• make inquiry of;
• issue directions to; or
• give instructions to your workers or subcontractors.

Communication must only be with a nominated person. While this clause may seem harsh, it is fundamentally designed to reduce disputes and ensure that there is effective communication between the parties. Disputes are often created by owners telling subcontractors to do work or agreeing to a variation which the builder may not even know about.

Owner Access to the Site

The construction contract will also likely provide that the owner may only have access to the building works at reasonable times and after giving reasonable prior notice, for the purpose of inspecting the progress of the works. If the owner exercises this right the builder should verify who intends to access the site and the purpose of the visit.

It is also a good idea for the builder to give the owner and their agents an induction explaining the risks that are present on the site and appropriate methods of control. That way the person entering the site is aware of the risks and is less likely to be at risk of harm.

Safety on site is a serious issue and one that the homeowner needs to be aware of. Building sites can be unsafe and the builder is responsible for everyone’s safety.