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  - Who is responsible for the health and safety file?
    
    In 1994, the Construction Design and Management (CDM) regulations added another legislative string to its bow: the health and safety file. The health and safety file is a powerful tool that, when properly employed, can protect those working on construction projects.
    
    The health and safety file is a legal requirement. But who does it protect, who looks after it, and what should or shouldn’t it include?
    
    Ownership and responsibility
    
    Since its introduction by the CDM, the health and safety file has been prepared by the principal designer. It is only required for projects that involve at least two contractors. Therefore, any projects involving less than two contractors do not require a health and safety file.
    
    The principal designer must prepare a file that anticipates the needs of the project and which ensures the safety of those involved. It is also their duty to review and update it in line with any changes that might be implemented.
    
    But the principal contractor also has a duty of care. They must provide the principal designer with key information for the health and safety file - as must other designers working on the project.
    
    The purpose of the file
    
    The health and safety file protects anyone working on a future construction project. Only information relevant to safeguarding the wellbeing of those working on-site should be included.
    
    Overall, the file ensures appropriate arrangements are made in respect of planning, control, organising, monitoring, and reviewing - so that contractors are not put at risk while conducting their duties on-site.
    
    The measures described form part of the HSE’s Management of Health and Safety at Work Regulations 1999, Regulation 4, and are a legal requirement.
    
    What goes in the file?
    1. Information about cleaning or maintenance equipment
    2. A short overview of the work required
    3. Descriptions of any remaining hazards
    4. The location of important services
    5. Any hazardous materials used
    6. Plans of the building
    What doesn't go in?
    1. Risk assessments (i.e, COSHH) used during the project
    2. Details about contractors and designers
    3. Data relating to demolished structures
    4. Statistics about construction accidents
    5. Information duplicated elsewhere
    6. Contractual documentation
    The above points aren’t exhaustive and are intended for guidance only. Visit the HSE’s website for further information.
    
    The role of the principal contractor versus the subcontractor
    
    Everyone is responsible to some degree for health and safety when working on a construction project - although the level of responsibility will shift depending on the seniority and role of the person in question.
    
    Therefore, although principal contractors and subcontractors have different responsibilities, each worker is classed as a person conducting business or undertaking (PCBU). As a general rule, responsibility is proportionate to how much influence and control a person has.
    
    The principal contractor also has a duty of care. They must provide the principal designer with key information for the health and safety file.
    
    Principal Contractors
    
    The principal contractor plays an integral role during the initial health and safety phase of a project. It is their responsibility to liaise with the Principal Designer to obtain key data to create a Construction Phase Plan, for example.
    
    It is down to the principal contractor - in line with CDM2025 regulation 13 - to plan, coordinate, and monitor work during its vital early stages. Afterwards, they revert to becoming a normal contractor and must fulfil their job duties accordingly.
    
    Subcontractors
    
    A subcontractor might be a specialist hired to fit electrics or lay screed floors. When performing their role, there will be an element of risk - both to them and those around them. .
    
    The subcontractor will:
    - Need to talk to the principal contractor before starting work to learn what the job will entail and discuss potential risks
    - Have to fill out a Site Specific Health and Safety Agreement, Site Job/Hazard Register, and Hazardous Products and Substances Register
    The three different types of subcontractors on a project
    
    Domestic
    
    It is the responsibility of the principal contractor to appoint the domestic sub-contractor.
    
    Nominated
    
    In this instance, it is the client that will make the selection. They will also agree on a price with the nominated sub-contractor - after which they will tell the principal contractor (as per the previous process) to appoint them.
    
    Named
    
    This is someone selected from a list of pre-vetted sub-contractors drawn up by the client.
    
    Responsibilities of the subcontractor at the end of the project
    
    The main responsibility of the subcontractor at the end of a project is to provide operations and maintenance data.
    
    This would include providing information for documents like:
    1. The scope of work - a file that functions as a log and agreement of the products and services to be delivered as part of the project.
    2. Important attachments - including, but not limited to, certificates, test results, and any built drawings.
    3. Manufacturer schedules, incorporating user guides and technical datasheets.
    Cloud-Based Solutions
    
    Pulling together information for this many documents will be time-consuming for the sub-contractor if they’re following a manual process. Using a cloud-based digital O&M template instead will save them time, money, and stress - now and for any future projects they work on.
    
    With Dokkit:
    - Values only need to be added once (the system will pull data through in future iterations)
    - You can create templates for specific types of documents - including health and safety files, handover documents, and user guides.
    - Customer or stock data can be imported before project kick-off.
    As if that wasn’t enough, you can even brand your documents - which will impress your clients and make them more likely to work with you in the future.
    
    Learn more
    
    To find out how Dokkit could save your construction business time and money - or to book a free demo - contact our friendly team.
- simPRO Version
  - Force Majeure & its effect on contractors during the pandemic
    
    Contractors have had to manage risk in the face of great adversity in recent years. The combined effect of the global pandemic and Brexit has forced the sector to adapt and pay closer scrutiny to contracts. Delays, overruns, higher material costs, staff shortages, and cancellations are just some of the challenges the sector has been forced to overcome in a short time period.
    
    Force majeure - a clause often used in contracts - protects contractors from circumstances beyond their control. In other words, if an event couldn’t have been foreseen, the firm would have recourse to delay or cancel the project without legally breaching terms.
    
    How can this be a bad thing? Surely it means construction firms will be protected in the event of extenuating circumstances arising.
    
    The problem is this: force majeure isn’t a get-out-of-jail-free card. Added to this, the term has no precise definition under English law.
    
    Three events classed as Force Majeure
    
    The following circumstances are classed as unforeseeable and could be defined in a constructor’s contract with its clients to provide protection.
    
    1. Government actions
    
    This could include sudden changes in law or legislation. A relevant example would be the instruction to shut down construction sites due to the pandemic - an event firms had no way of anticipating.
    
    2. An Act of God
    
    This clause refers to natural events beyond human control and which couldn’t be prevented. Brexit or COVID-19 would fall under this category - as would a catastrophic weather event.
    
    3. Group actions
    
    The outbreak of war, a riot, or local rebellion could affect a constructor’s ability to work safely or import supplies. Such events could not be foreseen and are therefore classed as force majeure.
    
    Surely this means construction firms are protected?
    
    Covered under force majeure
    
    No one could have anticipated COVID-19. Equally, David Cameron’s 2017 decision to hold a referendum on Brexit came out of the blue and couldn’t have been planned for. This must mean construction firms would have been exempt under force majeure clauses in their contracts from circumstances arising from these two events.
    
    Not covered under force majeure
    
    If only it were that simple. That COVID-19 and Brexit were unforeseeable events is undisputed. But the gravity of this statement is entirely contextual. contractors now have the benefit of hindsight. They know another lockdown could cause staff shortages - potentially delaying or jeopardising contracts. Pleading force majeure in such cases would be difficult to justify - if at all.
    
    The same applies to Brexit, which has resulted in staff shortages - due in part to changes under the EU’s freedom of movement act - and the rising cost of materials caused by a shortfall of supplies. Again, these reasons cannot be used as excuses by contractors to postpone contracts - because the circumstances were known to them. They should have put in place contingency plans to protect their businesses.
    
    Adverse economic or financial situations don’t qualify
    
    This is where force majeure becomes complex. Arguably, rising material costs (caused by Brexit) would have been beyond the control of contractors and covered by the force majeure clauses in their contracts. And surely an increase in the prices of goods is a ‘financial situation.’
    
    But if a contractor cannot fulfil their obligations - because work has become financially difficult - it’s harder for them to invoke Majeure. That’s because they could pursue other avenues to solve the problem. For example, another supplier could be cheaper or a loan could be taken out to offset losses.
    
    These two scenarios are similar, both financial in nature, but result in two potentially different outcomes. So how can contractors protect themselves by using force majeure clauses in their contracts.
    
    How to use force majeure effectively in a construction contract
    
    Be specific
    
    To avoid interpretation, use clear and concise language and relate it precisely to the activities of the project.
    
    Seek help
    
    Don’t leave things to chance. Enlist the help of a legal expert to ensure your clauses are legally sound.
    
    Involve everyone
    
    Promote the force majeure clauses in your contract to all stakeholders - so they can feedback where necessary.
    
    Important: you cannot alter the force majeure in a contract once it has been signed and agreed by all parties.
    
    What should your clauses cover?
    
    Clearly define force majeure
    
    Make clear that these are circumstances beyond everyone’s control - not just your own. Furthermore, such events cannot be planned for and no stakeholder in the process should be liable.
    
    When could force majeure be invoked?
    
    The clauses referred to earlier - such as Acts of God - should be included as a minimum. Some companies and organisations like to embed a catch-all caveat that allows for a wider range of circumstances to be considered.
    
    What actions will be needed?
    
    You should detail::
    - the protocols you’ll put in place to reasonably prevent a force majeure outcome
    - the timeframe in which you’ll respond to all affected stakeholders in such an event
    Any relevant repercussions
    
    Make clear that, if all contingency plans and firewalls fail, severe and sustained disruption will follow. This statement should not be left open-ended; the contract must define what constitutes an acceptable delay.
    
    The importance of documentation
    
    Construction firms have enough fires to fight without creating additional challenges. To remain agile and competitive, the sector must continue modernising by digitising its communication - instead of clinging to slow outdated manual systems that prevent reacting quickly to crises.
    
    Cloud-based software like Dokkit allows construction firms to create scopes of work, health and safety files, contracts, and other essential files from day one - and even define and import key values. This speeds up the creation process, avoids costly errors, and frees up time for teams to spend on other more profitable tasks - like dealing with supply issues, winning new business, and filling gaps caused by staff shortages.
    
    And in these challenging times, contractors should deploy every possible advantage to protect and grow their businesses.

Force Majeure & its effect on contractors during the pandemic

Health & Safety

Force Majeure & its effect on contractors during the pandemic

Force Majeure & its effect on contractors during the pandemic Contractors have had to manage risk in the face of great adversity in recent years. The combined effect of the global pandemic and Brexit has forced the sector to adapt and pay closer scrutiny to contracts. Delays, overruns, higher material costs, staff shortages, and cancellations

Who is responsible for the health and safety file?

Who is responsible for the health and safety file? In 1994, the Construction Design and Management (CDM) regulations added another legislative string to its bow: the health and safety file. The health and safety file is a powerful tool that, when properly employed, can protect those working on construction projects. The health and safety file

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