We are currently putting together a negotiated tender, as we are the sole bidder, and we have to go through the full tender process. while putting the Quality Submission together we have come across a situation that we believe can not be carried out safely or at least it will be unsafe when the site is not occupied so we asked the employer/designer how they had this activity being carried out at design stage. The response was that it is the responsibility of the principle contractor to come up with a safe system of work which we agree with if this was possible.
Q. Does anybody know the exact duties of the employer/designer in this circumstance as they are simply throwing a problem to the contractor without offering any input?
Certainly it is not satisfactory to have have a site unsafe at any stage let alone at construction phase. Clients have their roles but if they are not competent they can seek support from other parties such as yourself as a contractor.
Is there a solution that can be implemented by a contractor?
Clearly you have a professional reputation to defend as a contractor and would be potentially liable in the event of an incident occurring at a site you operated that was unsafe when not occupied or staffed in any way.
You are doing the right things here and you may have to consider hard decisions about whether this client is someone you want to deal with if they are unwilling to address your concerns.
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