The following Construction Q&A provides comprehensive and up to date legal information covering:
The contractor has various health and safety responsibilities on a building site that it needs to be aware of and ensure compliance with. See Practice Notes:
CDM Regulations 2015—the role of the contractor and principal contractor
Health and safety requirements—preparing to begin works and setting up the site
Construction phase—site management and on-site health and safety requirements
In addition, section 3 of the Health and Safety at Work etc Act 1974 requires employers and self-employed persons to ensure that their activities do not expose people to health and safety risks. See Practice Notes:
Safety and the risk to safety under the Health and Safety at Work Act 1974
Health and safety law and the self-employed
It is worth noting too that the Construction (Design and Management) Regulations 2015 (CDM Regs 2015), SI 2015/51, reg 13(4)(b) requires the contractor to take the necessary steps to prevent access by unauthorised persons to the construction site (eg using fencing and other controls). Although, this would not appear to necessarily mean that it can prevent the homeowner from having access to the site, the need to comply with this requirement and control the safety of the site must be taken into consideration by the contractor (and the homeowner).
We are not able to determine, from your question, whether the works in question are for a new build house or
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On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
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