Can a General Contractor Close Access to the Owner During Construction?

Introduction

A new build or major construction project fundamentally shifts the responsibility from the property owner to the general contractor (GC) due to the nature of the construction contract. While the owner may include clauses allowing for inspections to ensure compliance with construction documents, the core construction process is the GC's responsibility to complete without undue interference from the owner or others.

Legal Considerations and Potential Denial of Access

There have been instances where a GC can legally deny access to the owner, especially if the project is not progressing as agreed or if payment terms are not being met. In such cases, the GC can employ legal measures like a 'Denial of Entrance' and, if applicable, place a lien on the property.

Confidentiality and Confidential Information Protection

Access restrictions can also apply to maintain confidentiality. For example, on an offshore drilling rig, engineers from the oil company typically do not have access to proprietary information related to the construction equipment. However, the owner's engineer can observe and report on the drilling contractor's activities to shift some of the responsibility to the owner and lessen it on the contractor.

Regulations and Owner's Access Rights

Construction sites are inherently unsafe environments. Regulations often require contractors to restrict access to certain areas for public safety. While the owner's access can be more controlled, it is still reasonable to include such clauses in the construction contract, especially if mutually agreed upon by both parties. An example of such a clause is included in this excerpt: 'When I was contracting, I always included a warning that a worksite is an inherently unsafe environment and the owner understands this and accepts full responsibility for their presence on the work site.'

Ensuring Mutual Understanding and Protection

To avoid disputes and ensure the smooth progress of construction, it is crucial to clearly define the scope of the GC's responsibilities, the owner's rights to access, and the restrictions that may apply. Consulting with a lawyer to address any special conditions can help ensure both parties are well-informed and protected. Mutual agreement on access rights can streamline the construction process and minimize misunderstandings.

Conclusion

While the GC is ultimately responsible for the construction process, it is essential to strike a balance between the GC's need for control and the owner's right to monitor the progress of the project. Legal and contractual frameworks help maintain this delicate balance, ensuring that both parties are protected and the project is completed successfully.