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Site Security

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PaulDickensCDME
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Site Security

Post by PaulDickensCDME »

Good afternoon,

I have a client who is Principal Contractor on a domestic refurbishment project.

They currently have a situation where the domestic client is entering the property at night when the contractor has left. To be clear the client isn't currently living at the site due to works, there are various risks present still including mobile towers and electrical works being carried out.

The Principal Contractor is not happy with this situation and is threatening to change the locks to prevent further access - the client has taken this to her solicitor who have forbidden the locks being changed as they are not the property of the PC!

In short the PC has asked the client to stop visiting by herself and arrange a time during working hours where she can be shown around the site by a rep from the PC - she isn't playing ball with this idea!!!

The PC's biggest concern is that she will injure herself and he feels exposed to a claim should this happen - they have secured the site to a suitable level but clearly this is being breached by one individual.

Has anyone got any ideas as to what the PC can do......maybe erecting some security fencing immediately inside the front door to prevent further access?

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Alexis
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Re: Site Security

Post by Alexis »

Can any of our members help with this query please?
Thank you in advance if you can offer a solution for Paul.
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bernicarey
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Re: Site Security

Post by bernicarey »

OK, bit of a difficult one in some regards.

I mean, just how dangerous is it?
How huge is the property?
Just a regular house or a block of flats?
Are the electrics being left live overnight? Unlikely.
Is the client climbing the mobile towers to see what the builder is doing?
What is the client doing that is upsetting the PC so much?

The Client is the owner, so it's their property, HOWEVER, they have responsibilities for H&S under CDM 2015.
As it's a Domestic Client, those duties are basically passed to the PC, unless they have a written agreement to retain those duties.

Therefore, in my opinion, as we have been told it (and it's not exactly chapter and verse) the Client is in the wrong and the PC should stand their ground.
The PC is responsible for managing and controlling the H&S, it is therefore their duty to keep the Client safe, no matter how stupid they are behaving.
I would go back to the Client's Solicitor and request that they read the responsibilities of CDM 2015.
Their client is potentially behaving in a dangerous manner by gaining access to the site without the PC authority.

But I do feel there is something we're not being told...... .scratch
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Re: Site Security

Post by Messy »

This is not my area, but can't the PC (Or their solicitor) formerly write to the client setting out legal responsibilities.

Then, every time the client breaches these arrangements, a duplicate letter could be sent, along with details of the specific repeat breach.

I am not sure if this would be any use legally, but at least the client couldn't plead ignorance if it all went wrong

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