Global Construction

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 10th Oct 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 Obligations of the Client

The client, also known as the contracting authority, bears the ultimate responsibility for the construction project. His tasks include:

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

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

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

2. Duties and Role of the Contractor

The contractor, also known as the builder, 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 site manager and the project manager play central roles in the construction process. Their main tasks include:

  • Monitoring of construction execution: The construction manager must monitor the construction execution and ensure that all 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 construction manager, project manager, and client is necessary to facilitate a smooth construction process.

4. Important Legal Aspects and Insurances

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

  • Building Liability Insurance: It is advisable for the builder to take out building liability insurance to protect against the financial consequences of construction accidents.

  • Surety agreements: Agreements on surety can serve as collateral for the builder and contribute to security.

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

Conclusion

Working reliably with the client requires knowledge of the respective obligations and responsibilities, meticulous work, and open and transparent communication. With these principles, construction projects can be implemented safely and successfully. Good preparation and a proper understanding of the legal requirements are crucial to the success of a construction project. In this context, both site managers and project managers are of central importance, as they ensure the coordination and supervision of the construction process.

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