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Construction Health & Safety Management
What is a construction project constructor?
Some answers to your questions about constructor resposability
Synonyms: Main Contractor, Prime Contractor, Constructor

What is a construction project constructor?

Answer :  
A Constructor is the entity that has the overall Responsibility and Accountability of all activities at the construction site. The Constructor is appointed by contract from the Owner .

The Constructor can be the Owner.

The Constructor has the obligation to monitor and enforce OH&S Act, Regulations, Codes and Standards on site. He is accountable for all the contractors, sub-contractors, suppliers and their respective work force on site. Therefor, the constructor must ensure that all companies and personnel on site demonstrate Due Dilligence in regards of Health, Safety and Environmental protection. The Constructor duties are operational and administrative. 

Can an Owner hire a Constructor for part of the work of a project?
Answer : 

No. The Constructor MUST be designated before any contractor is hired and, no work SHALL begin before the Constructor is CLEARLY identified. 
The Constructor has control on all activities on site at all time for the duration of the project. There can only be one Constructor on site. 

Can an Owner hire a contractor for some scope of work when there is a designated Constructor under contract? 
Answer : 
No. The Constructor has the overall accountability and responsibility on site. All contractors hiring process MUST be done by the Constructor. The Constructor must demonstrate complete control over the constractors, their subs and workers. 
In this case, where an Owner as designated a Constructor, and that the Owner hire a company or a person for part of the work; the Owner automatically and legally take over the Constructor title.  

Furthermore, let say the construction site is within an operationnal plant. And, the Owner needs to keep access to the construction site for some plant employees to perform work as needed. Is there an Issue or concern to solve? 
Answer : 
The Constructor MUST have complete control of the construction site. He has autority on site and every one that need to access has to comply with the site rules. If the plant employees and the Owner adhere to the Constructor requirements and that the Constructor has control of who, when, why, how, where they need to access at all time; the nit has to be clearly describe in the contract. If the Constructor can`t have that control on his construction site; then he his not able to comply with his legal requirements. In this event the Owner will be the Constructor. 

Note : The Owner can hire an engineer firm or an accountant to support the Owner in regards of quality control and track project costs. They don’t have any power on the work force other than Health & Safety as per the Act. These support team MUST comply and coordonate with the Constructor requirements. 

Important: The information on this website does not constitute a legal opinion, for further information, please contact a legal service that will be able to guide you in the implementation of various laws and regulations.

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