Construction LawOn the Site

How to work legally secure with your builder?

Dr. Anna Hocker
Dr. Anna Hocker
Digitalization and HR Expert in the Construction Industry
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Published on 11th Nov 20245 min read

A legally secure collaboration between the client and the construction company is crucial for the successful completion of a construction project. It is not only about complying with legal requirements but also about clear communication and responsible action. In this article, we take a look at the most important responsibilities and duties of both parties.

1. Responsibilities and Duties of the Client

The client, also known as the contractor, bears the utmost responsibility for the construction project. His responsibilities include:

  • Ensuring the measures: The client must ensure that all necessary measures are taken to properly carry out the construction project.

  • Occupational safety: Clients should have expertise in occupational safety or hire a third party to responsibly carry out these measures.

  • Legal obligations: The client must comply with legal requirements, which include promptly notifying the building authority of any change in the construction manager or project manager.

2. Duties and Role of the Contractor

The contractor, also known as the construction contractor, is obliged to perform his construction services properly and safely. Important aspects of his role include:

  • Information obligation: The contractor must inform the client about all relevant aspects of the construction process.

  • Careful work: Careful and conscientious work is essential to ensure safety on the construction site.

3. The Role of the Construction Manager and Project Manager

The construction manager and the project manager play central roles in the construction process. Their main tasks include:

  • Monitoring of construction execution: The site manager must monitor the construction execution and ensure that all occupational safety measures are adhered to. The project manager, on the other hand, coordinates the entire construction project and ensures that all project goals are achieved.

  • Communication with the client: Close communication between the site manager, project manager, and client is necessary to ensure the construction process runs smoothly.

4. Important Legal Aspects and Insurances

For a legally secure collaboration, certain legal aspects and safeguards are important:

  • Builder's liability insurance: It is advisable for the builder to take out builder's liability insurance to protect against financial consequences of construction accidents.

  • Surety agreements: Agreements on sureties can serve as a security for the builder and contribute to risk management.

  • Change of builder: In the case of a change of builder, all parties involved must be informed of this change.

Conclusion

Working legally secure with the client requires knowledge of the respective duties and responsibilities, careful work, and open and transparent communication. With these principles, construction projects can be implemented safely and successfully. Good preparation and the right understanding of legal requirements significantly contribute to the success of a construction project. Both the site manager and the project manager play a central role in ensuring the coordination and monitoring of the construction process.

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