Is It Illegal To Take Wood or Any Objects from a Construction Site?

Is It Illegal To Take Wood or Any Objects from a Construction Site?

Wood on Construction Site

A construction site is private property where the works, infrastructure and everything on it is protected by building clauses and trespassing laws. Taking wood from a construction site without permission from the contractor is illegal. In this article we are going to look at exemplary Building Contract clauses that prohibit taking wood or anything from the site. We will also look at situations whereby it’s legal and illegal to take wood from a construction site according to certain conditions and circumstances.

Building Contract : Protection and Security of Works

Conditions of Building Contract have clauses that make it illegal to take items or objects from a construction site or house under construction. Possession of site by the contractor gives them authority, responsibility as well as risks that come with this responsibility. Most of the responsibilities and powers given to the contractor are conferred to them by the Principal Agent appointed by the client. This is usually a certified architect or engineer who also works as the Project Manager.

Clause 17.2 Enclosure of the Works:

In a building contract, the contractor is required to erect physical barriers around the site for the safety of the public, traffic and anyone who may encroach the site. Within the construction site, works under construction will also need to be protected for the safety of workers, inspectors, consulting team and any visitors. The site must be enclosed with a fence, screen wall, gantries or hoardings, access gates should be provided at suitable points, gangways must be covered or fixed with protective side railing, excavations, holes, trenches and upper floors pose a fall hazard and protective barriers need to be installed. Perimeter safety screens must be erected on upper floors and multi-storey buildings under construction.

Clause 18 Works Insurance:

Insurance for both the works and public liability is borne by the contractor to a sum which is stated in the contract clauses. For example, works insurance is often pegged to an amount which is equal to the contract sum + 20%, with deductibles at 0.1% of the insured sum. While Works Insurance covers the building, plant, equipment, materials and construction works, Public Liability insurance covers risks of injuries sustained by the public as well as damage to public property. Additionally, the contractor must insure his supervisory staff, workmen and labourers under Contractors Insurance against injuries on site.

B2.2 Defined Area of Works:

Before construction begins, the Principal Agent must define the site boundaries, restricted zones, limit access and exits to specific areas, as well as times/schedules on which such access will be allowed. This also includes areas for storage of materials, equipment, tools and the site clerk’s office. The contractor is required to follow, implement and ensure this instruction.

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