ᐅ Removal of the crane from the sidewalk / pavement

Created on: 26 Nov 2023 10:46
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Bayernbors
Hello everyone,

Yesterday, we received a letter from the city hall requesting that we remove the barriers and the crane from the street by November 30, 2023, as our previous permit apparently expired some time ago.

They also mentioned that unfortunately our general planner is unable to comply with all the regulations and orders and does not consider themselves responsible for the traffic-related requirements. For this reason, no new traffic-related permits will be approved for the time being.

Our general planner says that there was only a broken lamp, which was replaced on the same day. Could this really be the reason for this decision?

I will definitely speak with them to try to get more details about what went wrong with the general planner. Do you have any suggestions on how to resolve this conflict? Is there anything I should specifically monitor? Would it make sense for me to visit the construction site and ensure that everything is running smoothly day and night?

Tomorrow, I will also ask the shell builder how long the crane needs to remain on the sidewalk, but I am not sure what can be done if the city hall does not approve another extension.

Thank you very much
Best regards
11ant26 Nov 2023 17:52
Bayernbors schrieb:

Yesterday, we received a letter from the city council requesting that we remove the barriers and crane from the street by November 30, 2023 (apparently, our previous permit expired some time ago).

They also mentioned that unfortunately our site manager is unable to comply with all regulations and orders and does not consider himself responsible for traffic-related orders. For this reason, no new traffic-related orders will be approved for the time being.

This strongly suggests that (either due to a tip-off or the observation of an inspector, such as a parking enforcement officer) 1. violations were identified and 2. your site manager, after being notified, did not address these in a timely and appropriate manner (his duty should actually be: immediately). Appoint a site manager without doubt about their qualifications and commitment to responsibilities as soon as possible. You are the client, and your physical absence does not release you from your responsibilities. Failures of those acting on your behalf are legally considered your failures, with all consequences also applying to questionable or proven unreliability. Keep in mind that a warning shot and a warning shot are followed by a direct shot. Authorities will only grant leniency once; repeated leniency would expose them to liability risks. You should have the permit expiration date noted in your schedule of deadlines. I interpret the last sentence of the above quote as a rejection of an extension request. Bear in mind that having a crane towed away can cost four figures, with storage fees on top, plus likely penalty points and possibly even a driving ban.
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11ant26 Nov 2023 18:31
Bayernbors schrieb:

Yes, of course, but I’m trying to understand what my usual responsibilities are here or what the local authority expects. Am I expected to visit the site weekly to check that everything is in order? Or do I need to do this daily?
If something is broken, I would ask the general contractor to fix it, right?

You’ve already partly found the correct answer yourself: “or.” Your responsibilities are not a mystery; they are usually outlined at the end of the permits (building permit, special use permit for the crane area). It is expected that all conditions are met. If this includes red steady-burning and yellow flashing lamps, these must be replaced immediately as soon as a fault is noticed. Checks should be made at the start and end of each workday, even on days with work stoppages. No one expects this on Sundays or public holidays. Also, these lamps do not require a direct line to the police that would automatically trigger an alarm if they were stolen.

This is based on trust in the responsible, diligent “little helpers” of your contractor.
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Buchsbaum
26 Nov 2023 18:42
11ant schrieb:

Keep in mind that towing a crane can cost a four-figure amount, plus storage fees on top, and possibly penalty points on your driving record and even a driving ban.


Now you’re exaggerating a little. Penalty points and a driving ban? That seems a bit far-fetched.

If the permit expires, the crane has to be removed. It is standing on public property. Either there is a new permit, or it must be relocated. How much longer does it need to stay? Maybe you can squeeze another two weeks out and then finish construction. The now expired permit was applied for by the general contractor. Perhaps the client can apply for a permit now.
Y
ypg
26 Nov 2023 19:58
Bayernbors schrieb:

Should I visit the construction site and make sure everything is running smoothly day and night?

I am a bit confused by this and some of your other questions.
Yes, you can’t know everything, and yes, there are no stupid questions. But you can’t ask us what is going wrong on your end.
Bayernbors schrieb:

Could this really be the reason for that decision?
Bayernbors schrieb:

what went wrong with the general contractor.

First of all, a lot is the responsibility of the client, even when you have a general contractor. But even more so, it should be your personal interest that the construction site and everything around it runs properly. A client who doesn’t show up can’t be noticed either.

Are you sure your delay isn’t also due to a lack of presence and involvement?
I mean: if I have 20 clients, naturally the one who doesn’t get in touch or show up gets pushed to the back of the line.
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Bayernbors
26 Nov 2023 20:31
11ant schrieb:

Your responsibilities are not a mystery; they are usually listed at the end of the permits (building permit, special use permit for the crane area).
Thank you for the hint. I found this clearly explained here:
"The site safety measures according to RSA 21 must be maintained daily before, during, and after construction work."

ypg schrieb:

But you can’t ask us what is going wrong with your project.
I don’t see it that way. It’s a simple question to understand my responsibilities.
ypg schrieb:

But even more so, it should be your personal interest that the site and everything around it runs smoothly. A client who does not show up cannot be noticed.
Unfortunately, my personal interest was limited to the construction progress. I do visit the site regularly, but not daily, and I don’t check on the site safety.

Maybe I should increase the frequency from once a week to twice a week and try to inspect the entire site, not just the house.
K
kbt09
26 Nov 2023 20:58
It is especially important to carefully read the documents you sign as the client and to adhere to and monitor the deadlines specified in these documents.