A design-bid-build program is in the construction phase. The construction team is at a significant fall risk because the design specifications require the team to do most of their work on a sloped surface several stories off the ground. Per the applicable laws and regulations, the contract documents require all team members to wear a certain fall arresting device, but the general contractor claims it is insufficient and buys additional protective equipment. Typically, who is responsible for the cost of this additional equipment?

A design-bid-build program is in the construction phase. The construction team is at a significant fall risk because the design specifications require the team to do most of their work on a sloped surface several stories off the ground. Per the applicable laws and regulations, the contract documents require all team members to wear a certain fall arresting device, but the general contractor claims it is insufficient and buys additional protective equipment. Typically, who is responsible for the cost of this additional equipment?

• A. The design team
• B. The owner
• C. The construction manager as agent
• D. The general contractor

Answer: (D)

In design-bid-build, the contractor is responsible for how the work is done—the means and methods—and for site safety. The contract documents set the baseline requirements for safety gear, and it’s the contractor’s duty to implement safety measures that meet those requirements and any applicable laws. If field conditions reveal that the baseline equipment is insufficient to protect workers, the contractor must obtain and provide the additional protective gear. The cost of this extra equipment becomes the contractor’s expense because it relates to how the work is carried out on site, not to the design itself or to ownership of the project. The owner and the design team are responsible for the design content and project funding, not for day-to-day safety purchases on the construction site. The construction manager as agent would coordinate safety and budget on behalf of the owner, but the risk and cost of additional safety equipment in the field still fall to the contractor under typical design-bid-build risk allocation.

In design-bid-build, the contractor is responsible for how the work is done—the means and methods—and for site safety. The contract documents set the baseline requirements for safety gear, and it’s the contractor’s duty to implement safety measures that meet those requirements and any applicable laws. If field conditions reveal that the baseline equipment is insufficient to protect workers, the contractor must obtain and provide the additional protective gear. The cost of this extra equipment becomes the contractor’s expense because it relates to how the work is carried out on site, not to the design itself or to ownership of the project.

The owner and the design team are responsible for the design content and project funding, not for day-to-day safety purchases on the construction site. The construction manager as agent would coordinate safety and budget on behalf of the owner, but the risk and cost of additional safety equipment in the field still fall to the contractor under typical design-bid-build risk allocation.