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Similarly, the manner in which the work is managed on site with adequate provisions for maintaining safety at heights or when dealing with heavy or hazardous substances, is largely the responsibility of the supply side of construction services.
Construction work involves building, renovating or repairing buildings, both for residential and commercial purposes. Construction poses risks to workers in the dangers that exist on the site, especially where demolitions or renovations are being carried out. The use of defective materials or inadequate implementation of safety measures on construction sites could further aggravate the problem, especially if designers have created high rises and building structures that are complicated to execute during the construction process. Construction also poses risks to workers by way of ill health arising out of hard physical labor or being crushed or wounded through the use of heavy building materials. There is increased scope for accidents that could arise on such sites, especially since workers may be unaware of safety risks.
The construction industry largely employs unskilled, male laborers who are not educated enough to accurately gauge risks that could arise in construction sites, thereby posing risks to their safety and well being. Moreover, since laborers are largely transitory, contractual labor, employers may not be bound to provide them with all the benefits that are laid out in employment, including the right against unfair dismissal and the provision of health and medical benefits. Current laws also do not make adequate provision for unusual working conditions such as atypical contracts where a worker may be hired as and when required and thus finds it difficult to prove continuity of service for purposes of claims against unfair dismissal.2
Moreover, in cases where a worker may be hired by an employer/client using the intermediary services of an agency, such
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This represents contractual relationships under a standard building procurement. The employer enters into separate contracts with the designer and the contractor. When the designer completes the design, the contractor will carry it out. The employer has direct control over the design, cost and quality elements; however, the process of designing becomes more time-consuming.
Inferior materials used on the exterior of the building 2. Wrong materials used in the reception area floor 3. Defective doors discovered by Innocent's architects and 4. Dampness in the ceiling discovered during the rectification period This section will examine these issues in three main parts.
tated that it should have been designed as a formal protocol rather than as a guidance tool.1 Since the provisions of the protocol are intended to be a guidance tool, they end up creating more confusion on some aspects rather than resolving them.
Construction projects cannot be
The definitions of terms that commonly arise in construction contract is provided in the Appendix.
In the case of complex construction agreements, it may be noted that there are several parties involved in the contract. i.e, the main
The author states that Health & Safety issues of a construction project are dealt by “the Construction Design and Management Regulations, 1994”. Under this law, an architect can be held accountable if he has failed to forewarn the client about his accountabilities. This law imposes more responsibilities on architects.
ASyS believe that adapting and upholding approach such as making procurement process simple, transparent and in the manner that it safeguards the embezzlement of taxpayers’ moneys are best strategies to
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