When is Builder given possession of the site?

Discussion in 'Development' started by AnneC, 9th May, 2020.

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  1. AnneC

    AnneC Well-Known Member

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    How is it determined when a builder is given possession of the site?
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Plus Member

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    It should be included in the contract, if not I would think upon signing by both parties.
     
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  3. kierank

    kierank Well-Known Member

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    Some builders will allow you access to site during construction (in Qld anyway); others won’t due to Workplace Health and Safety concerns.
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    In accordance with the construction programme or when they have advised that they have taken possession to commence (eg erected site fence), when you have notified they can commence, when they have notified Workcover & council/certifier that work is commencing. There are plenty of opportunities - there may even be provision in the contract to allow X seeks to mobilise.

    Of course this may be subject to extension of time claims due to weather or lack of approvals etc.
     
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  5. jim1964

    jim1964 1941

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    The builder in S.A. will take possetion of the site at contract signing.
     
  6. Tufan Chakir

    Tufan Chakir Well-Known Member

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    It should be in the contract - usually upon signing of the contract
     
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  7. spludgey

    spludgey Well-Known Member

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    I believe that someone posted on here recently that you don't have to give the builder possession of the site though. Not something I know much about, but I will certainly look into it when I start building.
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    If you don't give possession to the builder, the owner will remain responsible for WHS. You are unable to separately contract out of these obligations except where the builder is in control of the site.

    You are better off including requirements for site inspections/site meetings to ensure you have safe access to the site without impacting on the builder's WHS obligations (which protect you as the owner).
     
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  9. Joynz

    Joynz Well-Known Member

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    I can’t imagine any builder would accept a job with a client trying to refuse to let them take control of the site.

    A builder is responsible for safety and security on the site - even if some idiot climbs the fence and hurts themselves on a star picket the builder might be asked to account for the risk that arose because of the position or lack of protection on the picket.

    (I have a vague memory about a case similar to this that was covered when I went to an information day about getting a Builders licence.)

    The way to retain control of the site for an owner is to become an owner builder. But that has its own issues...

    There is already a mechanism for owners going on site - just organise it with the builder or construction manager.
     
  10. MTR

    MTR Material Girl Premium Member

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    With all my developments have always had access to site and included in contract. There are also inspections at critical progress stages/claims and payment not made until after inspection


    I also try to organise a key at lock up stage, not too many builders will allow this, but I have managed this a few times
     
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