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Beware of non-compliant contractors

Beware of non-compliant contractors

Private Property South Africa
Sarah-Jane Meyer

For most people, their most valuable asset is their property, and it makes little sense to bear the enormous expense of buying a building for residential or business use, and then appoint a non-compliant contractor when vital maintenance is needed.

Geoffrey Jäck, group managing director of painting, waterproofing and construction contractor Indawo, says that most owners don’t intend to reduce the value of their fixed investments. However, they are in danger of damaging the investment value of their asset if they fall into the trap of opting for non-compliant contractors.

He warns against paying too little attention to regular maintenance requirements and recommends using only contractors that are compliant with the law and have the necessary skills, resources and experience for the scope of the project.

Selection

The cheapest contractor is not always the worst contractor. However, building owners need to understand the process of selecting a contractor who is compliant and has the ability to do the job.

“Waterproofing, for example, requires a keen and experienced eye to identify problems. The source of water ingress is often metres away from the visible signs of the water leak. Painting needs precise preparation to ensure the proper application of the right product to validate the manufacturer’s product guarantee. Painting at heights requires special skills as well as workers who are certified medically fit with the necessary training in working at heights. In some cases, rope access methods are used for difficult to reach areas, and then there’s the question of attention to the safety of the workers - and the public.

“When it comes to construction, health and safety aspects come into the spotlight, especially working at heights or with heavy machinery,” says Jäck.

“Before appointing contractors, building owners need to verify that they adhere to the applicable laws and are compliant with the Department of Labour, the Building Industry Bargaining Council and other industry bodies.”

Pitfalls

He points out some of the pitfalls of using non-complaint contractors:

  • Falling short of the law. Easily the most important aspect of any construction project is the strict adherence to the law. If a contractor is non-compliant, the owner of the building or residence will be liable for prosecution along with the contractor.
  • Quality of work. Compliant contractors have their reputations to uphold and have to adhere to regulations issued by industry bodies to avoid risking cancellation of memberships.
  • Experience. In many cases contractors will only be accepted as members of industry bodies when they have the required industry experience.
  • Safety of workers and the public. It is essential for workers to be trained in all aspects of health and safety. Untrained workers add to the risk factors of the contractor and the building owner. Generally, compliant contractors provide health and safety training for their workers before the onset of the job.
  • Dangerous substances. In cases of specific dangers, like handling asbestos, only registered and compliant contractors are legally allowed to work with these substances. Specific handling and disposal techniques are required that protect the workers, the public and the environment.

Jäck says construction has become a highly regulated industry, which has provided much needed structure to the benefit of the workers.

“This has been welcomed by the industry, but unfortunately some contractors still operate on the wrong side of compliance. The industry is a major provider of employment and a strong, well-trained workforce is a critical success factor - for the industry as a whole, and for the completion of projects to the satisfaction of clients.

“Regular maintenance is critical, and using a compliant contractor is vital to ensure that building owners and contractors don’t not fall foul of the law,” he says.

Writer: Sarah-Jane Meyer

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