Rank: New forum user 
|
Looking for advice.
I am a H&S advisor and my client has had a serious near-miss take place. The issue being, my client uses a trusted subcontractor who has been vetted. During a certain job, said contractor then subbed this work out to someone else without notifying my client and this is when the near-miss happened. I am hoping that someone would be able to help explain who would be at fault here or at least who the liability would be on in these circumstances. Thank you.
|
|
|
|
|
|
Rank: Super forum user
|
Kira - you don't say whether your "client" is the Client for whom the work is being done or that Client's top line Contractor. Either way, your question cannot be reliably answered without an in depth investigation. Each of the parties involved will have statutory duties. Quite possibly all have failed to discharged those duties. You also need to remember that none of the parties can contract out of their statutory duties. So, as example a clause in the Contract prohibitiing sub-sub-contracting may be close to meaningless in terms of assessing relative liabilities under statutory duties. If you are in the fortunate position where those at the top of the chain are content to collaborate and not get into rows about "claims" then this might be a learning opportunity.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.