On the basis of prevention being better than an expensive cure, we thought it worth offering some tips to avoid a trip (real or virtual) to the Magistrates’ Court in 2021 on street works related prosecutions – with its potential adverse reputational and financial consequences.
Our tips are as follows:
- Ensure that your staff and contractor teams understand the requirements that have to be met and are equipped to meet them;
- Robustly audit and monitor compliance of works done by direct labour and contractors;
- Monitor defect reports and FPNs and address any substantive issues that are identified;
- Respond in a timely and effective fashion to any alleged non-compliance that might give rise to a prosecution; and
- Undertake root cause analysis on any problems identified and implement effective change to reduce the risk of re-occurrence.
Applying similar processes, the risks posed by FPNs, s.74 charges and defect inspections fees can also be reduced. Every FPN is a potential criminal prosecution.
If your business has the misfortune to find itself facing criminal prosecution or civil disputes under the New Roads and Street Works Act 1991 and related legislation, our team has extensive experience of advising and training undertakers and their contractors on street works compliance and defending related criminal prosecutions and civil disputes.
Do contact us if you think we can assist in reducing your legal risks from street works.