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Saturday, January 8, 2011

Fletchers - Legal and Contractual issues

The Information Update mentioned in the previous post contains additional interesting pointers as the how Fletchers intend to conduct the rebuild process. The extract below is their position, as of November 2010, on how various legal matters will be handled.

The fourth paragraph is significant for "claimants", as they call us. It could be a good, or a bad, thing depending on how involved any of us might want to be.

Legal / contractual
Prior to commencing work, contractors will be asked to sign a short form (two page) contract agreement, along with Fletcher (as agent for EQC). This will be the principal document governing all work that the contractor/tradesperson performs under the EQR programme. Each new job will be initiated by a contract instruction containing details of the job.
The contractor will be responsible for the work it performs, and for that of its subcontractors, as in any normal contracting arrangement.
The contractor will be the responsible party under the Health and Safety Act and, accordingly, will be responsible for H&S requirements on each household site. Fletcher or an independent expert will provide oversight from time to time as agent for EQC and the contractor will be expected to comply with its obligations to provide a safe work site.
There will be requirements for the contractor to abide by a code of conduct appropriate to all work carried out under the programme. In particular, contractors should be aware of minimising "claimant fatigue" – ie. minimising the interactions with homeowners, and performing the work efficiently, promptly and courteously.
The full document can be found here.
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