Government Guidelines For Demolition Contracts
Demolition contracts are obliged to follow strict government guidelines which are outlined in the Constructions (Design and Management) Act 2007
. These guidelines cover not only the contractors, but also the client, designers and all parties involved in the demolition process. Each party has certain legal responsibilities in the process. It is imperative that you are fully aware of these guidelines before taking out a contract and whilst drafting your contract. Also, a cursory glance in their direction, should you be on the brink of a contractual dispute, has the potential to prevent your dispute from getting out of hand. Rules differ depending on the size of the project with extra rules existing for large projects.
All Projects Of All Sizes:
1. Planning and managing the demolition alone may not be possible. Employ contractors where necessary.
2. Demolition contractors must be experienced.
3. Anyone affected by the work you are to carry out must informed well in advance of the work commencing. E.g. neighbours etcetera.
4. Prepare pre-construction information
5. Carry out the following surveys:
- Asbestos survey
- Site survey (are there hazards onsite?)
- Survey of statutory services detailing disconnections
- Ground survey
- Is the work going to effect the environment surrounding the area?
- Are there existing hazards within the building?
6. Listed Building consent will be required where applicable
7. Party wall notices: again, where applicable. 'Party wall' refers to walls shared by two properties.
8. Give the Local Authority are given 6 weeks' notice of your intention to undertake the demolition
9. Receive consent or refusal of the demolition from the council
10. Complete a tender submission by the date required.
11. The demolition contractor must ensure the work is planned and carried out with plans in place that avoid danger, and all these plans must be in writing including risk assessments, health and safety, methodology, security and signage.
12. Record all agreed requirements for each party involved and payment terms in a well drafted contract. This will prevent as much conflict as is possible.
Large Projects: Either Costly Or Lengthy Projects
Costly Projects Require additionally:
- A site waste management plan (SWMP) the requirements of which will differ depending on the value of the demolition.
Lengthy Projects (Exceeding 30 Days) Require Additionally:
- A Construction Design and Management Coordinator (CDMC) must be employed
- A principal contractor (PC) may need to be employed (at the discretion of the CDMC)
- Notify the Health and Safety Executive of your employments and project plan.
- A health & safety plan will be developed and a health & safety file will be completed.
If these guidelines are adhered to and a detailed contracted is drafted between the parties any dispute should prevented as much as possible. However, when a contract dispute does break out solicitors can help you resolve it with minimum hassle and cost. Years in the industry gives us the professional experience you need to make sure your contract dispute does not become uncontrollable.
by: Paul Howe
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