Isn’t the contractor employed by the strata manager?
- (Sample) Using Helpjuice
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Responsibility for Repairs Maintenance Renewal Replacement
The Strata Company, being all owners or shareholders, is responsible under the Strata Titles Act and the Regulations for Repairs Maintenance Renewal and Replacement of the Strata Company Property.
- The Strata Company is the entity in control of the premises and Strata Company Property
- The Strata Company has an obligation to ensure the safety of any person/s at the premises and on or using the Strata Company Property
- the Manager as agent will nominate the Strata Company as the Principal in respect of any contracts or agreements entered on behalf of the Strata Company and has no liability as the Principal. The Manager is not in the business of providing repairs and maintenance services to the Strata Company and will not do so.
Nominated site contact / Representative - This person would ideally be a council member and would be delegated by the strata council to;
- Be the main point of contact to the contractor, assist by providing further information of necessary to the contractor, storage of goods, start date etc.
- Be the person who considers the invoice once the quoted works have been completed
- Any other particulars/ specifics relating to these works which we will on send to the contractor on your behalf.
The Strata Company must ensure;
- Compliance with the obligations under the OHS Act including but not limited to;
-Obligations as employers for its employees and others at its Place of Work
-Obligations it has as controller of any plant or substance used by people at its Place of Work
-The obligations as occupier of premises
- That it and all persons employed or engaged by it or on its behalf comply always with the requirements of the OHS Act and any directions, manuals, policies or rules formulated from time to time by the Strata Company.
- That it has systems in place to assess and eliminate risks and hazards at the Owners Corporation Property and premises which meet the standards required by the OHS Act.
- that where risks and hazards cannot be eliminated the risks and hazards are adequately controlled in a way which meets the standard required by the OHS Act;
- that all persons employed or engaged by it at the Strata Company Property are appropriately trained and supervised.
- That only qualified persons are engaged to carry out any third-party work.
- hat all persons engaged by the strata company are adequately insured as necessary, including however not limited to Public liability, workers compensation or income protection and Professional Indemnity as necessary
The Strata Company will to the extent permitted by law, and does in accordance with the Strata Management Agreement of service indemnify the Manager against all claims for any loss or damage which may arise as a result of any breach by the Strata Company of obligations applicable to the principal contractor under the OHS Act in accordance with Clause 7;
The terms used in this Clause shall have the same meaning as in the OHS Act.
Indemnity by the Strata Company and Liability of Manager
The Strata Company acknowledges that:
- The Act confers responsibility on the Strata Company for the management, control, maintenance, repair, renewal and replacement of Common Property; and
- If, as part of the Agreed Services or Additional Services, the Strata Manager is required to carry out a function of the Strata Company relating to the management, control, maintenance, repair, renewal or replacement of Common Property:
- the responsibility of the Strata Manager is limited to those specifically identified services the Strata Company requests the Strata Manager to carry out in respect of that specific property; and
- the Strata Manager has no liability for any Loss from any inherent defect or danger in Common Property or any disrepair, defect or danger in Common Property that is not the subject of a request under clause 2.1
The Manager is not liable to the Strata Company or to any other party in respect of any defects in the Strata Company Property, failure to comply with any building or other statutory regulations or town planning requirements or any need for repair or the existence of any danger or hazard unless: -
The Manager is not qualified nor able to inspect the Strata Company Property, attend itself to any repairs maintenance or other works, make itself aware of any defects in the Strata Company Property, or remedy any failure to comply with the Building Code of Australia or other applicable requirements or town planning requirements or any need for repair or the existence of any danger or hazard;