Legal Statutory Responsibilities in Construction
Assignment - The Application of Law to ensure construction site operations and consideration of adjoining land-users
Assess the laws used to ensure that construction sites operate safely and consider adjoining land-users.
Assignment Brief: Scenario
In this assignment you are assuming the same position held in the scenario for the Construction Technology assignments in unit 2 and the type of project identified there. Your employer as asked you to produce an operational strategy plan considering the legal implications for managing the project throughout the construction stage, this is for submission to the project team. Your strategy should address issues of both Civil and criminal law.
Task 1 Explain how the law of trespass and nuisance relate to the construction industry.
Task 2 Discuss how the laws of occupiers` liability and vicarious liability apply to the
Task 3 Produce a plan for a contractor to manage the legal impacts of a large urban construction project.
Task 4 Present a strategy to address the legal and statutory requirements associated with a large scale urban construction site.
Consider the implications of tortious actions being brought against the contractor by considering the torts of trespass and nuisance including public nuisance (crime) your response should consider both defences and the types of remedies being sought.
It is proposed that both sub-contract operatives and directly employed operatives will be working on the site consider the implications for management and their responsibility for the actions of their subordinates i.e., vicarious liability.
Once the contractor takes possession of the site the contractor gains the status of ‘occupier`, your report should consider their responsibilities in terms of liabilities for workers, visitors, the general public and unwanted visitors to the site including any defences they may be afforded at law, where possible cite legal cases to underpin your response.
Both the client and the contractor, as well as the various subcontractors will have to take out a range of insurances before the project commences discuss these insurances and the types of insurance policies currently available.
Produce a plan for use by the contract team highlighting the legal implications of the main stages of works, for example, substructures, working at height, and services installation and the relevant legal acts and regulations and identify any mitigating measures to be taken by the contractor.