Access to Construction Site

This can be one of the most frustrating things for some owners. Builders and contractors generally have in their building agreements an "access to building site" clause. For some owners it is not a big deal; for others, it is insulting and upsetting.

First, why is it there? Builders are responsible for the safety on the construction site. OSHA can and will fine the builder for any violations on the construction site regardless of who violated them. During the day, while construction is on going, it can be unsafe for anyone who is not familiar with construction sites to visit the construction area. Secondly, if you were to advise a subcontractor directly (and this happens quite often) and the subcontractor or a worker agrees to make the changes or requests you as the owner may or may not be subject to charges as result of the change. For example, sometimes owners forget color choices they made weeks earlier and when they see the choice at the job site they say, "That isn't the right color". The worker goes back to the office and checks on the color only to discover it is the right color. The contractor gets a bill from the subcontractor for the worker's time and the contractor passes the bill on to the owner. (NOTE: Mistakes will come up but contacting the builder directly is always the best solution to the problem.)

How To Avoid Problems

Have an understanding with the builder and the construction superintendent. Talk with your builder about your (and their) site access concerns. Many times you'll find you are both on the same page or that a compromise can be made. Whenever possible get the change in writing on the building agreement.

Last Updated: March 01, 2005 10:39 PM