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Posted By Ron Hunter
Anyone with a nice concise definition of "contractor" they're willing to share?
(I'm talking about contractors in the wider sense, not just construction (the CDM legal definition doesn't help me), and 'contractors' as opposed to 'suppliers' of goods and services.)
I'm coversant with HSE pub."Working Together - Guidance on Health and Safety for Contractors and Suppliers" and the IOSH Publication: "Global best practices in contractor safety".
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Posted By Safe System
hmm - strange request - but here you go from wikipedia...
Types of subcontractor
Domestic subcontractor
A subcontractor who contracts with the main contractor to supply or fix any materials or goods or execute work forming part of the main contract. Essentially this contractor is employed by the main contractor.
Nominated subcontractor
Certain contracts permit the architect or supervising officer to reserve the right of the final selection and approval of subcontractors. The main contractor is permitted to make a profit from the use of nominated subcontractors on site, but must provide attendance (usually provision of water, power, etc. to enable the nominated subcontractor to do his job). In effect the appointment of nominated subcontractors establishes a direct contractual relationship between the client and the subcontractor.
Named subcontractors
Effectively the same as a domestic subcontractor - A subcontractor who contracts with the main contractor to supply or fix any materials or goods or execute work forming part of the main contract. Essentially this contractor is employed by the main contractor.
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Posted By Safe System
or:
A general contractor is a group or individual that contracts with another organization or individual (the owner) for the construction, renovation or demolition of a building, road or other structure. A general contractor is defined as such if it is the signatory as the builder of the prime construction contract for the project. The general contractor could be worker itself. Workers wages may vary from a few thousands to several millions.
A general contractor is responsible for the means and methods to be used in the construction execution of the project in accordance with the contract documents. Said contract documents usually include the contract agreement including budget, the general and special conditions and the plans and specification of the project that are prepared by a design professional such as an architect.
A general contractor usually is responsible for the supplying of all material, labor, equipment, (engineering vehicles and tools) and services necessary for the construction of the project. To do this it is common for the general contractor to subcontract part of the work to other persons and companies that specialize in these types of work. These are called subcontractors.
General contractors conducting work for government agencies are typically referred to as prime contractors. The responsibilities of a prime contractors working under a contract are essentially identical to those outlined above. In many cases, prime contractors will delegate portions of the contract work to subcontractors.
In the United Kingdom and certain former British Commonwealth countries the term 'general contractor' was gradually superseded by 'main contractor' during the early twentieth century. This followed the practice of major professional, trade and consumer organisations issuing standard forms of contract for undertaking the variety of construction works spanning the whole spectrum of the industry. It was and is usual for the term main contractor to be used and defined in all these contract documents, and as a result the term general contractor became an anachronism.[1]
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Posted By Ron Hunter
I have internet access too, Safe System.
I'm looking for something concise whcih might improve on the definition given in the HSE document I referenced above:
" A contractor is anyone who is called in to work for a company but who is not an employee of that company".
Ideally, I'm looking for a snappy definition which better fits the wider contractual obligations and relationships in a Local Authority context.
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Posted By Linda Westrupp
In the wider sense a contractor is a person, company or organisation who undertakes work on behalf of someone else normally within defined parameters stated in a written contract.
For instance, public sector organisations have many contractors providing services such as residential care, nursing care, cleaning, catering, waste collection etc. some of these may be companies but some may well be voluntary organisations, charities etc. They obviously have nothing to do with construction but they are still contractors.
Hope this helps?
Linda
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Posted By A Campbell
Ron,
As well as the contractual element IMOHO I would be treating a contractor as an employee with regards to compliance with H&S policies & legislation?
You of course be looking at their employer for assistance in ensuring they have an acceptable ssow but apart from possibly sloping some civil liability issues to them I would expect criminal liability could fall in your own lap also (not personally)!
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Posted By Warren Fothergill
Personally, and not looking at www, I would say a "Contractor is someone who is paid under 'risk transfer' terms (risk management) to perform said duties, whether individual, group, organisation etc.?"
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Posted By Safe System
Ron - try, thanks safe system for taking a few minutes to look - but this is what i am specifically looking for etc....
manners cost nothing.
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Posted By SteveD-M
Not really a definition more a talking point:
Contractors:
Labour only - hiring a temp or agency who fills an established job role. Follows the existing SSOW etc. for that role. Does not submit individual method statements and risk assessments. Follows exsiting recruitment and slection.
Service/work/fabrication - follows SSOW etc based on own risk assessment and method statement with joint RA with company prior to commencing the work.
Supplier of goods & materials - due diligence duty of care etc must be followed (SESPA).
Not got from Google...
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Posted By Bob Shillabeer
Quite simple really a contractor is someone employed to deliver a contrat. Have you tried looking it up in a dictionary?
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Posted By Richard Altoft
agree with Bob. Offer and acceptance makes a contract so a contractor is somewhat bound to supply services under a contract to supply the services rather than under a contract of employment.
R
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Posted By jayjay
Ron,
The industry guidance for Principal Contractors has the the following statement regarding 'Contractors'which states:
A Contractor is any person(including a client, principal contractor or other person referred to in the CDM 2007 Regs) who, in the course or furtherance of a business, carries out or manages construction work.
Hope this helps.
regards, JJ
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Posted By Bob Shillabeer
There are several discriptions given to contractors is several pieces of specific legislation such as the CDM Regulations but the question was about the definition of a contractor. That is covered in the Oxford Dictionary as I have said earlier.
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Posted By DPK
Ron
Read RI35, this is how the TAX man defines a contractor. There is a lot more involved than the majority of people realise.
Hope it helps.
DPK
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Posted By Safe System
simple typo - That would be 'IR35' before everyone starts having a pop at you.
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Posted By DPK
Thanks, your right IR not RI
DPK
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Posted By claret65
A Contractor could be defined as an external organisation with the required skills to complete a specific task.
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Posted By Phil Rose
It's clear to me that there are any number of definitions - I hope that Ron finds something to help
Phil
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Posted By Ron Hunter
Thanks to all and apologies to Safe System - I was a bit short there. Having a bad day. :-(
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Posted By chrisroyal
Hi Ron,
If the reason you want a definition of 'Contractor' is in any way related to some sort of legal argument, you have to quote a definition from an authoritative source, typically Black's Law Dictionary. Don't quote Wiki or even the OED - no disprespect to anybody here, I know people are just trying to help - but in my experience, quoting Black's for definitions usually stops any argument in its tracks. "Contractor" is defined as: "1. Party to a contract. 2. More specif., one who contracts to do work or provide supplies for another."
From a safety perspective, the definition of "Competent Contractor" might be more useful to you. This is defined as: "A contractor who has the knowledge, skill and available equipment to do the work that he or she is employed to do, without creating an unreasonable risk of injury to others and who has the personal characteristics necessary to carry out the work."
Source: Black's Law Dictionary, 8th Edition (Garner BA, Ed. in Chief) Thomson West, 2004.
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Posted By Ron Hunter
Thanks for that. Therein lies my problem. I'm trying to use definitions which provide a discrimination between a contractor and a supplier, and that legal term wraps one up in terms of the other.
Amongst other things, I'm attempting (by use of definitions) to limit the application of H&S prequalification to "contractors" in terms that others can follow and apply.
In limited cases though, there is a degree of overlap with "suppliers of services" who for limited times also come into our premises to do 'work' - even if only to change over sanitary bins.
Onwards and upwards!
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Posted By D H
Ron - how about;
Someone not in the organisations direct employment, who is paid to do a job on behalf of the said organisation?
Dave
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Posted By Richard Altoft
Ron this is not unusual nor is people creating confusion between an order and a contract when in reality both are contracts.
I usually look at the "risk" parameters which then allow such divisions as "suppliers of goods", suppliers of services, works contractors, agency or temporary staff perhaps with a short "job" or risk related description such as agency supplied drivers or suppliers of taxi services etc. Overlap occurs such as someone who takes a hundred hours to make something well away from your premises but comes to site for an hour to install it. Is he a supplier or a contractor??
Sometimes a short expression does not work when what you really want is a precise one.
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Posted By Ron Hunter
Richard - thanks for that. I guess my default has to be to consider each "contract" on its merits, to determine whether or not to apply a fairly rigorous "CHAS type" H&S pre-qualification process.
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Posted By Lwood
Hi Ron,
by coincidence I think we are working on the same problem for exactly the same reasons (I suspect).
We too have CHAS as an arbiter on 'contractor' selection and the purchasing dept and project managers are asking if every 'contractor' has to be on CHAS (is this happening to you?).
I am heading down the road of stating that only those 'contractors' who build, demolish,excavate, modify or otherwise change the structure of a building, ground area or room need to have CHAS.
Those contractors who maintain, service or install equipment that has no impact on the building (IT guys as a simple example) need not have CHAS.
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Posted By Ron Hunter
Similar problem, yes - however my considerations go beyond construction related works to encompass all contracts and all service provision that may involve 3rd party coming into our workplaces for a substantial time (?) or carrying out an activity which involves a signficant (?) risk. (If you get my drift). It's nice to know your not alone, isn't it?
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Posted By Rodger Alan Ker
Ron.
This thread has moved on from the original "simple" question.
I now get the picture of where it is going.
I have some information that might be useful to you if you wish to contact me direct.
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