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Posted: Wed Jun 10, 2009 5:26 pm
by Riggers
Hi all, just a VERY quick question. I am currently onsite in a 'lovely' part of London & our site is getting continually damaged by vandals (one guy had a knife pulled on him this very morning!). Our 3 ton dumper has had it's tyres slashed & quite frankly we're fed up with replacing HERAS panels like a good 'un!
The question being is, who is responsible for absorbing the damage to panels & site equipment etc? 100% contractor or part for the client?
I realise we have to maintain site security, but this is beyond a joke! Every morning we are spending re-erecting panels which is prolonging the project...again, getting us in the brown stuff with the client. BTW, the client is a Council!!!
All the very best to all............Riggers
Posted: Wed Jun 10, 2009 5:40 pm
by dig dug dan
I installed a concrete base for a bench on a village green for my local parish council (on which i sit!), and i left the red barrier fence around it over night. Next morning, the fence and stakes were in the pond and the concrete surface trampled and scratched.
The parish council were billed for new fencing and a new slab.
On another occasion, a fence i put up was "disturbed" that night by vandals, and again the council paid for the damage.
If you have done your best to secure the site, you must bill the council for the damage, or they will have to send in a security guard. Only on your own premises can you be expected to tolerate paying out like this.
Posted: Wed Jun 10, 2009 6:09 pm
by Riggers
Thanks dig dug dan. It is such a pain in the wotnot having to spend the morning rectifying work already done! We have another 8 weeks onsite! PCSO's are involved & local Cllr!
Reckon we'll have to approach council for damage etc. But then what happens to the labour cost of the contract going over?? Doh!!
Never ruddy ending!
Cheers again for the help..............Riggers
Posted: Wed Jun 10, 2009 7:02 pm
by rab1
Check your contract, as on most contracts it is in the small print that it`s upto the main contractor to provide security for the site etc and each sub contractor must protect there own tools and equipment.
You could be lucky, but it could also be plumbs.
Posted: Wed Jun 10, 2009 8:28 pm
by lutonlagerlout
we normally use 1.8m arris fencing on public works with 22mm ply cut to stop the buggers getting under it
you can get alarms etc but the whole site sounds like a liability m8,i feel for you
we usually get 2-3 containers for general tools ,but dumpers etc you have to hope for the best,i always try and park them to make it hard for anyone to move them
LLL 
Posted: Wed Jun 10, 2009 9:19 pm
by GB_Groundworks
company based near me, great idea seen this idea grow from a few containers to now they have wagons and unimogs and fastracs out everywhere delivering them.
forgot the link
http://www.plantsafe.co.uk/index.php
Edited By GB_Groundworks on 1244665221
Posted: Wed Jun 10, 2009 10:22 pm
by henpecked
lutonlagerlout wrote:i always try and park them to make it hard for anyone to move them
LLL
We always park it against the empty one, by time theyve found out its got bugger all in, they would have raised half the neighbour hood :;): :;):
HP
Posted: Mon Oct 12, 2009 10:33 am
by Will Hay
Basically, having spent the last twenty years in construction contract law, it all depends on your contract.
I couldn't determine if your project is commercial or domestic but with regards the latter and in the absence of any written agreement you should be prepared to stand any reasonable amount of damage [you judge acceptable] and recover the rest from your insurer.
If it's commercial basically it depends on your agrement but I've yet to be involved in a project that didn't wholly detail your repsonsibilty for your own equipement and works until the end of the project or subcontract period.
If it was me, and I was involved in a domestic project that was eating into my profit due to vandalism I would discuss with the client with a view to a means to resolve or to walk away.
With regards the clienting funding loss, I've never heard of a case in which this was upheld.
After all, you are responsible for assessing site conditions etc.
Sounds harsh but from a clients perspective not one they would be expected to cover.
After all, nobody should work for nothing and let the scum of the earth carry on with their midless acts.
Apologies, I kinda feel I'm telling you something you already know 
Rob
EDIT:
Just re-read your post and saw you're working for the council.
You must have a written agreement with them surely [don't call me Shirley], if it mentions your responsibilty for plant then you're screwed contractually [you still need to arrange a meeting to formally discuss, and follow up in writing - depending on the outcome] or, in the abscence of any specific clause perhaps you should request that you are able to remove the items specifically getting all the negative attention and request the council provide it instead.
Loose advice I know, depends on many factors; contract for one and relationship combined with hos much the loss is affecting your bottom line/margin.
On the £300m hospital I'm on in Yorkshire and a subcpontractor came to me with this I would be expected to be seen to have put all measured in place to mitigate any SC'ers loss through theft and vandalism.
Good luck