r/Glasgow Tools

Title
Author	Red_Brummy
Comment	Oh man, you are actually dense. You still don't get this very simple piece of Contract Law. Let me try and explain it to you as I would to a bairn: * When a Contractor signs a contract for a building project, they take possession (ownership) of the site. From that moment, they need to have the insurances in place, including the necessary public liability insurance. As do the design team and employer. * At that moment of possession, the Contractor has a Duty of Care that extends to all members of the public that may be impacted by the works. * In most situations, the Contractor should have carried out a risk assessment of the site location and context and determined what security elements may need to be employed; be that hoarding, dogs, patrols, CCTV towers, security daleks etc. * In addition, there should have been a risk assessment carried out to the site's proximity to a playground, where, bairns would likely play. * Now, in this case, OP has said that they repeatedly saw the brats break into the site. If that is correct, then the Contractor has a) not secured the site and b) not remedied the situation. * The Contractor has accepted full liability for not securing the site. So, just to confirm. The Contractors are at fault. They have admitted fault. The site was not secure initially nor was it made secure after repeated breaches of it. The Contractors admitted that. And just to clarify, a public road is different from a private site under possession by a Contractor. If you cannot see that, then no one can help you.
Reddit Link	https://www.reddit.com/r/glasgow/comments/12lp8ll/this_has_been_on_my_chest_since_it_happened/jgc73x9/
Created	Sat 15th Apr 2023 10:17am
Status	normal ()

Oh man, you are actually dense. You still don't get this very simple piece of Contract Law. Let me try and explain it to you as I would to a bairn:

* When a Contractor signs a contract for a building project, they take possession (ownership) of the site. From that moment, they need to have the insurances in place, including the necessary public liability insurance. As do the design team and employer.
* At that moment of possession, the Contractor has a Duty of Care that extends to all members of the public that may be impacted by the works.
* In most situations, the Contractor should have carried out a risk assessment of the site location and context and determined what security elements may need to be employed; be that hoarding, dogs, patrols, CCTV towers, security daleks etc.
* In addition, there should have been a risk assessment carried out to the site's proximity to a playground, where, bairns would likely play.
* Now, in this case, OP has said that they **repeatedly** saw the brats break into the site. If that is correct, then the Contractor has a) not secured the site and b) not remedied the situation.
* The Contractor has accepted full liability for not securing the site.

So, just to confirm. The Contractors are at fault. They have admitted fault. The site was not secure initially nor was it made secure after repeated breaches of it. The Contractors admitted that. And just to clarify, a public road is different from a private site under possession by a Contractor. If you cannot see that, then no one can help you.