Home Building Tips for Builders in NSW
Site Possession Issues

You are a builder and are constructing a new home for a client.  The client continually enters the site, both during work hours and after work hours, and sometimes brings with him his family and friends to see the progress of the work.  As the builder, you are obviously becoming concerned.



Can the client simply enter the site whenever they wish?

The answer is - it depends on what your contract says.

Most standard building contracts provide that:

• The builder has exclusive and uninterrupted access to the site to carry out the work
  
  
• The client must not enter the site unless they have given the builder at least 24 hours prior notice, and the client enters the site at a reasonable time (i.e during working hours)

If your contract contains a clause that reflects the above, and if your client enters the site without first notifying you, the client is in breach of contract.  In such a case, your contract will usually allow you to immediately suspend the progress of the work, however, it is not good for business if you are continually suspending the works on a regular basis.

As a builder, what can I do?

Home owners own the land on which the work is to be done, and given this, they sometimes feel that they can enter the site at any time because they own the land.

The best way to handle this problem is to educate the client before the project starts as such:

• Explain to the client that they must not enter the site unless they first notify you, and that you must accompany them at all times whilst on the site
  
  
• The reason you will give them for this is due to safety, and that the builder’s insurance may not cover certain people if they are injured on site
  
  
• Also refer the client to the part of the contract that deals with site possession, and advise the client that if they enter the site without first notifying you, they will be in breach of contract
  
  
• Schedule regular on-site inspections with the client in advance (i.e every second Wednesday) where you will accompany the client on site and inspect the works.  These scheduled regular inspections will most likely decrease the chance of the client again going on site when you are not present
  
  
• It some cases, you may even want to insert a special clause in your contract stating that each and every time the client enters the site without first notifying you, the client agrees to pay you damages for breach of contract in the amount of $100 each and every time – sometimes this clause alone might do the trick
  
  

Doing the above at the beginning of every project might be the difference between a project that starts and finishes smoothly, and one where the client is constantly interfering with the progress of the works, and even gets injured on site and later sues you for damages.

UPCOMING CPD SEMINARS All of our CPD Seminars are now 6 hours in length and allow you to claim 12 CPD Points in one day, and builders will have six (6) different CPD Seminars to choose from.

To REGISTER for a CPD Seminar, complete the attached Registration Form or visit www.homebuildingonline.com.au

Online CPD Courses

We have 4 NEW Online CPD Courses to choose from – a total of 24 Online CPD Courses that are now available for builders in NSW.

Listed below are our available Online CPD Courses – click on an Online CPD Course to view further information about that Course:

1. Liability of Building Professionals - NEW
   
2. Construction Management Tips - NEW
   
3. Safety Hazards On Site (Part A) - NEW
   
4. Safety Hazards On Site (Part B) - NEW
   
5. Project Management
   
6. Preparing Business Documents
   
7. Financial Management
   
8. Going Green with Building Sustainability
   
9. Builder’s Summary of the Home Building Act
   
10. Security of Payment Laws 
    
11. Do It Yourself Debt Recovery
    
12. Tendering Tips in Home Building 
    
13. Home Building Contracts in NSW 
    
14. Dealing with Sub-Contractors      
    
15. Running a Small Building Business 
    
16. Tax Summary for Small Business
    
17. Tips on Playing the Building Game 
    
18. Basics of the Employment Relationship            
    
19. Basic Contract Law            
    
20. Fair Work Laws – A Summary 
    
21. Handling Home Building Disputes 
    
22. Understanding Workers Compensation 
    
23. Builder’s Guide to OHS 
    
24. Bullying on the Building Site

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