Construction Phase Health And Safety Plan: Why Are They Important?

During the construction, maintenance, refurbishment or demolition of a property there are numerous hazards to health that needs to be accounted for by the principle contractor and the client. It is the contractor’s responsibility to be prepared for any unfavorable circumstances and to maintain a safe and healthy working place. Meeting with safety and legal obligations can be a bit of a tiresome task, especially if one tries to take the amateur approach. However, the construction phase health and safety plan is a valuable document and has to be prepared properly and while following all legal compliances.

A construction phase health and safety plan is set apart from other documents due to the fact that it must give the user information as to how the construction process is going to be carried out safely. It will have to signify how the principle contractor plans on securing a safe and healthy site. Although this document is of high legal importance when it comes to coordinating a construction project, its preparation is sometimes neglected. This is mainly due to the fact that contractors in an attempt to draw the construction phase health and safety plan by themselves, often end up doing so in an unacceptable format and not having followed all the legal technicalities and the HSE regulations.

The traditional approach would have been seeking legal advice and it would have undoubtedly cost you an arm and a leg. For contractors who are interested in running a cost efficient operation there are more cheaper and effective methods available. They could buy a template online which has been designed by engineers with experience in construction safety management. Consequently they do not make the mistakes that you could have made as it is their job to be up to date with all the legal formalities and the Health and Safety regulations. This template is relatively easy to use and enables you to input the necessary data with the greatest of ease. It becomes easy to draw up a construction phase health and safety plan within a very short period of time.

Once purchased, this template can be used as many times as necessary. Hence, drawing up proper safety plans at the minimum cost will not only ensure that your firm is efficient and making more profits, it will also ensure that you have an unscathed reputation with the HSE. You can pay for this software by means of a credit card and also through PayPal. You can live up to your firm’s legal obligations while at the same time; give it an edge to have the upper hand over your competitors.

Trades In Construction – Others

Although not directly assigned for the construction industry, there are some professions that are in direct support of the construction industry. They Include;

Banking: As earlier mentioned, construction is a capital intensive affair. This means that a lot of money will be required for a short period of time. This money is almost always got in the form of mortgages, construction loans or general loans. Even when personal savings are involved, there is a great possibility that a bank will be involved as a media for savings. For this reason, banking is closely related with the construction industry and when the construction industry does well, the banks follow suit. This pivotal role means that professions in the banking industry will be put to task.

Legal services: This is especially required when land transactions like leases are to take place. It is also common in the modern forms of construction where prospective buyers purchase property on paper. This means that they pay for the product of construction long before it is put up. This requires a stringent legal undertaking and a binding engagement. Along the same line, properties with encumbrances and caveats will need the services of a legal practitioner. Legal offices are usually very busy when the construction industry is busy.

Sales and Marketing: The product of construction is usually for sale or rent. This requires a marketing campaign to ensure quick take up, thus immediate rent collection or return on investment. Where the building or space is to be sold on paper, it will definitely take a good campaign to convince prospective buyers.

Information Technology: With the proliferation of the internet and the use of the world wide web, there is a great need in the commercial sector to provide tech-savvy solutions. These range from simple structured cabling and intra-networking to complex ones like WiFi services. Being a fast evolving occupation, there are many new concepts coming up and in times to come, the IT specialist will definitely be a part of the construction process.

Surveying: Since construction is done on land, the land surveyor is required to demarcate land, establish beacons, and establish levels, both horizontal and vertical among other tasks.

Property Management: This comes in when the building is complete. It is charged with tasks like tenant search, property cleaning, repair, services provision and maintenance and rent collection.

Others include clearing and forwarding, manufacturing and procurement as pertains to construction materials and fittings. This is a good catch especially for big projects.

Construction Litigation and Its Importance

Producing world class structures is crucial to the success of anyone involved in the construction industry. It’s important to keep the project moving along and finalize any necessary transactions in a timely manner in order to maintain a profitable enterprise. However, a number of things can go wrong during the process which could cost owners or companies a fortune.

Construction litigation can be quite complex due to the high number of parties and numerous moving parts involved. This creates several opportunities for issues to arise that can quickly skew the project’s deadline or halt the production all together. Someone dealing with construction litigation may deal with anything from material suppliers, to local government agencies that provide permits, to contractors, architects, property owners and the like.

Construction litigation can be broken down into several different yet overlapping segments. There are also sub segments to each of the main segments. The major segments consist of:

  • Contract negotiations and preparation
  • Liens and security interest to secure payment
  • Constructive defect litigation
  • Construction delay litigation
  • Personal injury litigation involving construction defects

Importance of Attorney Involvement

Construction litigation attorneys provide the greatest benefit for their clients through early involvement in the construction process. Having the attorney present at the inception of the project, as opposed to hiring once a problem arises, allows the client and the lawyer to work together toward common goals. Not to mention, it removes the potential for delay caused by teaching the newly hired attorney the logistics of the case. Considering time is crucial, spending time updating an attorney will only make things worse, especially if a big issue has occurred that must be worked out fairly quickly.

Stages of Construction Litigation

Before construction begins, it’s important identify and negotiate a realistic liquidated damage clause. It is a somewhat unenthusiastic, yet necessary part of the process. Reviewing all the relevant documents, gathering expert witnesses and discovering what the opposing side will argue will all be steps taken prior to the actual trial. Having an experienced construction litigation attorney will also prove extremely beneficial during this phase and into the trial stage. The trial stage involves the study and organization of all discovery documents produced and received, and all of the deposition testimony taken. Organizing witnesses and documentation during this phase will also be vital to ensuring a successful outcome.

Remember, litigation is a fluid, rapidly changing environment so it’s important to be realistic in the approach. Patience and determination are often necessary for the attainment of a feasible and pleasant outcome along with strategy, research and knowledge of the law.