Empty and abandoned construction sites – a real and immediate danger
Oct 18, 2023
From: Omri Nissany, Civil Engineer, Licensed Insurance Agent
The shutdown of the construction industry has led to a situation where thousands of sites stand desolate and abandoned. Without worker movement, sometimes without proper security, and possibly even in the absence of adequate and comprehensive fencing. This is especially true for urban renewal construction sites according to TAMA 38/1 (reinforcement) that are being carried out in active residential buildings (which we will expand on a little more later).
An empty construction site is a danger zone on several levels. The "classic" example is the entry of passersby who are not supposed to be there and who come through the site gates without permission. From the curious, to children, to even street dwellers. Contractors/developers, take note. The responsibility for compensating the injured party will fall on you.
The Torts Ordinance recognizes the liability of a landowner (in this case, a construction site owner) even towards trespassers. This is so long as the injured party proves that he entered the place " in good faith and without the intention of committing an offense or doing wrong " (the wording of the law).
From: Omri Nissany, Civil Engineer, Licensed Insurance Agent
The shutdown of the construction industry has led to a situation where thousands of sites stand desolate and abandoned. Without worker movement, sometimes without proper security, and possibly even in the absence of adequate and comprehensive fencing. This is especially true for urban renewal construction sites according to TAMA 38/1 (reinforcement) that are being carried out in active residential buildings (which we will expand on a little more later).
An empty construction site is a danger zone on several levels. The "classic" example is the entry of passersby who are not supposed to be there and who come through the site gates without permission. From the curious, to children, to even street dwellers. Contractors/developers, take note. The responsibility for compensating the injured party will fall on you.
The Torts Ordinance recognizes the liability of a landowner (in this case, a construction site owner) even towards trespassers. This is so long as the injured party proves that he entered the place " in good faith and without the intention of committing an offense or doing wrong " (the wording of the law).
TAMA 38/1 Reinforcement, when the tenants live on the frozen construction site
A challenging issue in the above subject is when the shutdown meets urban renewal projects according to TAMA 38/1, reinforcement and expansion. Buildings in which the work is carried out simultaneously with the presence of tenants in the building.
These "construction sites", from the moment they are "abandoned", pose a real risk to the residents, their guests, visitors, etc. Contractors and developers who are in the midst of projects according to TAMA 38/1 must ensure that they have left behind a safe, fenced, controlled and meticulous site. It is also important to document the safety elements and, if necessary, consult with professionals.
How to act?
Contractors and developers must ensure that the construction site that has been closed and locked until further notice is in a state where the risks posed to the public are minimal. Whether as part of a comprehensive and meticulous implementation of the site's fencing or through targeted treatment to remove or block risks. To the extent required, special permission must be requested from the local authority to carry out work aimed at regulating safety on the site.
A challenging issue in the above subject is when the shutdown meets urban renewal projects according to TAMA 38/1, reinforcement and expansion. Buildings in which the work is carried out simultaneously with the presence of tenants in the building.
These "construction sites", from the moment they are "abandoned", pose a real risk to the residents, their guests, visitors, etc. Contractors and developers who are in the midst of projects according to TAMA 38/1 must ensure that they have left behind a safe, fenced, controlled and meticulous site. It is also important to document the safety elements and, if necessary, consult with professionals.
How to act?
Contractors and developers must ensure that the construction site that has been closed and locked until further notice is in a state where the risks posed to the public are minimal. Whether as part of a comprehensive and meticulous implementation of the site's fencing or through targeted treatment to remove or block risks. To the extent required, special permission must be requested from the local authority to carry out work aimed at regulating safety on the site.
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