Who Cleans Up? Defining Waste Management Responsibilities Between Homeowners and Contractors
Most renovation conflicts don’t stem from tradesmanship disputes, but from an assumption, often unwritten, that the ‘contractor will take care of the rubbish’. The issue of who is ultimately liable and responsible for waste management in residential projects is not an uncommon one, and can often see homeowners and tradesmen in dispute over how, if and when waste is to be removed, and who has to pay any additional costs.
As it stands, construction and demolition (C&D) waste is the largest waste stream category, with 27.4 million tonnes generated nationwide in 2018-2019 alone (equalling approximately 36% of all waste generated; National Waste Report 2020). Waste generated as a result of renovation works on a single dwelling makes up a miniscule fraction of this number, but is still a waste stream which must be dealt with by someone.
Why ‘the contractor will handle it’ is a dangerous default
While scope of works documents are typically extensive in describing tiling selections, cabinetry, and paint finishes, they are often vague or omit details entirely on waste generated by the project, who is to arrange bin hire, who is to pay tip fees, and who is to be responsible for any final debris removal.
A contract which does not make provisions for waste management and disposal is legally assumed to be the responsibility of the property owner, on whose land the work is taking place.
This is where disputes often break out. A contractor may consider the work area to be broom clean at the end of each day and during handover, while the homeowner may disagree, considering broom clean not to include the removal of any debris or rubble from the work site. Both parties would be correct in their assumption, because broom clean is an industry standard for work area sweeping, and not a guarantee of complete removal of debris generated throughout the renovation. It is also an industry standard for such debris to be removed by the contractor, once all trades have vacated the work site, but it is vital to specifically state this in the contract, if that is not the default assumption. Similarly, a clause about the property owner being responsible for any final cleanup or removal of debris from the work area is often the root of a dispute at handover.
Clear: What is the homeowner’s duty, in full?
There must be someone who clears out the premises prior to any works commencing. This includes furniture, possessions, items or goods located within any cabinets or storage areas within the work zone. Trade waste includes waste generated by the tradesmen conducting works, not the homeowner’s personal possessions, which are generally explicitly excluded from a trade-contracted waste removal agreement.
It seems obvious, unless you are right in the middle of it, that you cannot expect a tradesman to clear out your possessions or furniture before works commence, particularly if those items have not been identified or separated from the work area. A pre-demolition audit of the work zone is a useful tool for doing exactly that. Anything you intend on keeping can be boxed up and either stored on site or in an area separate to the work zone, while anything you intend on disposing of can be earmarked for removal during the strip-out or preworks cleanup, rather than during the renovation.
Cover: The protective plan to avoid blame-shifting later
It is a common occurrence for homeowners and tradesmen to get into disputes over whether damage sustained by property during works was the result of the contractor and should be claimed as a damage claim, or if such damages occurred during the clean up and should be treated separately. Any flooring, benchtops, glass surfaces or doorframes not being replaced during renovation works must be protected, to the satisfaction of both homeowner and tradesman, and the materials and manner of said protection must be clearly stated in contract.
It’s not as complicated as it sounds, but it’s important. If a benchtop was damaged during demolition and the scope of works does not make note of what materials are to be used to protect other benchtops during works, the matter can be argued over as a dispute of whether the damage occurred during demolition or the clean up. Separating the conversation surrounding property protection from that of waste management and debris removal prevents these two issues from becoming conflated at the point of dispute resolution.
Designating a waste staging area also assists with this. It is a good idea to have a specific area, preferably not in the middle of the work zone or in or around a main entry/exit, where debris can be stored on site during the renovation. It will make the day to day cleanup conversation much simpler, as everyone is aware where the bulk of the waste is to be stored during the renovation.
Measure: What determines what is possible
While measuring for the floor area of the new kitchen island is important, it’s not the only measurement you’ll need. Gate width, driveway inclination, ceiling height beneath carports, and any overhead powerlines must be taken into consideration, as these will determine what size skip bin can be delivered and removed from the work zone, or if a rubbish truck must be hired instead. It is advisable to have these measurements readily available, as it becomes a logistical nightmare to arrange skip bins which cannot be delivered on site. Similarly, any bin placed on a footpath or road rather than a private driveway generally requires a council permit, and often a permit fee.
It’s also a good idea to determine who is going to manage the haulage at this point. If the contract does not make allowance for a waste line item and you are faced with the challenge of coordinating skip bins and permits for mixed household and construction waste, which cannot be managed by a standard bin hire company, it may be a good option to book Renovation Waste Removal Sydney as an end-to-end solution, particularly for waste which will require mixed management.
Asbestos is always a potential concern, particularly for homes built prior to the mid 2000s, and may be present in wall sheeting, flooring adhesives or ceiling insulation. Asbestos testing must be arranged prior to demolition works commencing, which is generally the responsibility of the homeowner, unless otherwise stated in the contract.
If asbestos is discovered during testing, it must be removed by a licensed removalist and double wrapped for disposal, which cannot be accomplished alongside general construction and demolition waste. The liability for incorrect disposal of asbestos tends to fall on the property owner, regardless of who arranges its removal.
Why ‘we’ll get rid of everything’ quotes blow out
A quote for ‘disposal’ is often vague and can involve vastly differing costs depending on what is being disposed of or how it is to be disposed of. Waste removal costs will be significantly less where waste is clean and separated, compared to general construction and demolition waste. This is because tip fees are generally levied per tonne of waste, and mixed waste is often more difficult to process for recycling.
It is particularly important to consider the financial implications of the strip-out phase. This tends to be the largest generator of waste for renovation works, and can see unexpected waste added to the bill, depending on what is discovered during demolition. A tradesman who has quoted a disposal fee based on an “we’ll handle rubbish removal” quote provided to the owner prior to demolition works beginning has every reason to adjust the quote once demolition works have been completed, depending on what has been discovered and what sort of waste is being generated.
Ask for waste disposal to be itemised, even roughly. A request for this information is likely to uncover a ‘variation request’ at the point of commencement of strip-out works.
Daily cleanup and final cleanup are not the same thing
It is important to define two standards: ‘daily cleanup’, and ‘final cleanup’, where the former refers to the sweeping of the work area and keeping work and pedestrian zones clear, and the latter refers to the manual removal of any debris, dust, adhesive, or nails from the work site, at handover.
By explicitly defining both standards, you avoid a dispute where a contractor considers a clean work site to satisfy a final handover standard. It’s two separate line items with two separate standards of completion.
Withholding final payment until the worksite is clear
One of the most powerful tools at the disposal of the homeowner is the threat of withholding final payment until the worksite is clear. You would have very little leverage in chasing a contractor for cleanup costs after you’ve paid them in full. It is always a good idea to explicitly state this in the contract, to the effect of: five to ten percent of final payment is withheld until the worksite is clear.
Keep the paperwork, even if it seems unnecessary
Weight tickets, tip receipts and asbestos paperwork are all incredibly important, legally binding documents which prove that waste was disposed of correctly, according to the contract. If a load of waste was illegally dumped and subsequently discovered, the property owner is likely to still be liable, unless they can prove that it was not them who arranged the illegal dumping. This could be a sub-contractor, or directly through the main tradesman, but it will need to be proven. Request that a copy of all paperwork regarding waste disposal be provided prior to any final payments being cleared. It’s a five minute request that can save you a world of trouble later, particularly if you were not the one who arranged the waste removal.
A clearly-defined contract clause is the most vital element, and once that has been established, the rest becomes a checklist. Clear the worksite of your personal belongings and agree on the materials to be used for any property protection prior to works commencing. Ensure that your worksite is measured correctly for the logistical requirements of bin or truck hire, and have asbestos testing carried out on any suspected materials prior to demolition works commencing. Waste doesn’t manage itself, and assuming someone else will do it for you is one of the easiest ways for homeowners to end up in a dispute over who has to deal with it.