Practical Tips for Disruption and Delay
Construction site turnstile gates have become increasingly popular as a means of monitoring and managing personnel access to construction sites. Whether the gates are simple or sophisticated, they can provide valuable records about who is on site and when they arrived and left.
They often come into focus when claims for delay and disruption and non-productive working are made. In this article, we will look at some of the key arguments that arise when turnstile records are relied upon.
Turnstile records vs timesheets
The claiming party will usually want to rely on its own timesheet records as a part of the justification for its claim. The other party will provide its gate records which often show less time on site than the timesheets!
Are turnstile records reliable?
Turnstile records are not infallible, and their reliability can be called into question.
Turnstile records that show something different to the timesheets are therefore not necessarily a disaster for a construction claim. There are several legitimate reasons why turnstile records might not be as accurate an account of who was on site as they first appear:
- Most obviously, not all site entrances might have turnstiles, and there may be unmonitored exits that workers can use to enter or leave the site unmonitored.
- It is not uncommon for turnstiles to be switched off or to break down or stop working.
- Construction sites are often dusty environments, which can cause issues with the reliability of turnstile systems, particularly those that use fingerprint readers.
- Senior members of staff such as project managers may enter the site through the office entrance rather than using the turnstiles. In such cases, if the time of senior staff is relevant to a claim (as it often is), it may not be recorded by the Employer’s system.
- Not all turnstiles are designed to track time. We are aware of instances where time is only tracked when workers enter and leave through the main entrance turnstiles, but not when they exit through the welfare facilities or office areas. This can easily lead to unreliable records as workers may need to return to these areas to collect materials or do paperwork, and if they exit through these routes, then they will not be recorded as having left.
- Turnstile records can also be affected by simple human error or forgetfulness. For example, if a worker forgets to bring their access card to the site or loses it, they might find another route in, or be waved through by a colleague. In these situations, they may be recorded as absent even if they were present and working.
- Finally, even if turnstile records provide a reasonably accurate account of when workers entered and left the site, they do not provide information about the work actually being undertaken. For instance, if little work was being done on the site, the turnstile records could overestimate the time spent there. Alternatively, if workers were allowed to leave the site early to transport materials, or worked through their lunch break and left early, the records may underestimate the time spent on site.
Does that mean that you cannot rely on turnstile records?
Turnstile records can be very valuable in some instances, but overall they have to be assessed for what they are, which is no more than a simple record that someone passed through a gate at a particular time.
While the courts have recognised that turnstile records can be relied on as a timekeeping record, they will also give significant weight to daywork sheets that have been signed by the other party, and will also consider evidence that brings into question the reliability of the turnstile records, such as witness statements and timesheets.
What to do if your work is being disrupted or delayed
This is a very fact-specific question. The simple answer is that in some circumstances instructions can be refused or objected to, but those circumstances tend to be extremely limited.
If work is becoming disrupted or delayed then it is important that you put yourself in the best position possible to make and defend a claim later on. Important things to consider are:
- Bearing in mind that you have a responsibility to mitigate your losses (keep them to a minimum). What records can you keep to demonstrate that you have done this?
- Keeping your own detailed records. It is helpful if these explain what disruption is being suffered, where, what the effects are, and how they are quantified. Disruption can be challenging to successfully claim – make sure that the records actually record the information that will be needed to make or defend a claim.
- Recording any problems or issues that there are with the turnstiles or site entry/exit procedures.
- If you are using daywork sheets, try to get these signed by the other party.
- Take photographs! If an area is unavailable because the site is in a mess or otherwise obstructed, then a photograph can often convey this much more effectively than words can. That said – it is also important to keep notes on the photographs so that they can still be explained later on down the line. Videos can also be useful in some instances.
- Check your contract and give any delay notices and loss and expense notices at the correct times.
How CCC can help you
Whatever stage your project is at, CCC can provide advice and assistance to ensure that practical steps are taken so that you achieve the best outcome when dealing with disputes over delay and loss and expense. This includes:
- Providing advice to help you make sure that you are taking the right steps at the right time.
- Assisting with interim applications and final accounts, and presenting backup to your claims in a manner that is likely to result in a good outcome when presented to a third party such as an adjudicator.
- Formal dispute resolution, such as adjudication and arbitration.
