Are we properly paying for safety in construction?

THE EDITOR, Madam:

A road project may look simple when we see the asphalt, concrete and machinery. However, once traffic is moving through a work zone, workers are carrying out their duties it becomes clear that construction involves labour, traffic control, equipment, safety measures, supervision and risk management all have a cost.

This raises a practical question: when a construction contract is prepared and awarded, how are the costs of managing foreseeable risks taken into account?

Construction contracts provide a framework for setting out responsibilities and managing the work. Fédération Internationale des Ingénieurs-Conseils (FIDIC), which is widely used for international construction contracts, provides standard contract forms that include responsibilities for matters such as health and safety. When a FIDIC contract is used, these requirements form part of the contractor’s contractual responsibilities.

Construction will always involve some uncertainty. However, conditions that can reasonably be anticipated can be considered during planning and tender preparation.

If foreseeable risks and necessary measures are not adequately considered, a project could experience delays, claims, work stoppages, traffic disruption or additional expenditure. These outcomes can affect the final cost and completion time.

FIDIC does not replace Jamaican law, and contractual requirements do not remove the legal responsibilities of those involved in construction. The contract provides a framework for managing the work and defining contractual responsibilities.

When considering value for money, it may therefore be useful to look beyond the tender price and consider whether the proposed price provides a reasonable basis for meeting the contract requirements, managing foreseeable risks, and completing the work safely and properly.

As Jamaica continues to invest in roads and other public infrastructure, careful consideration of these factors can contribute to sound project planning and better outcomes.

DENTON MOORE