Write an essay of approximately 1500 words for one of the questions below. The aim of each question is to prompt a critical discussion of the relevant laws and related rules and regulations. QUESTION 1 Scenario Be-Good Contracting Company (BGCC) has many projects in Central London. Its working hours are Monday to Friday. Working on Saturdays is on invitation by the Site Manager, Linda. On Saturday, while the security guard was on lunch break —leaving the gate ‘unmanned’— Cliff (17 years old) went into the BGCC site through the unmanned gate. Cliff had joined BGCC on Wednesday that week and had never been on a construction site before. Linda invited him for further (paid) training. While walking around the site to find the Site Manager’s office, some bricks stacked on the scaffold fell on Cliff and he sustained serious multiple fractures and serious injury to the head causing loss of consciousness. A visitor, Fred, 20 years old, was also invited by Linda for a meeting but she was running late hence asked Fred to wait for her in her office. On arrival, Fred found the gate ‘unmanned’ but decided to go to the Site Manager’s office since he knew his way around. On his way to the office, he saw Cliff on the floor. Unsure of what happened, Fred decided to call the ambulance. While calling the ambulance, more bricks fell on him and he sustained multiple serious injuries to the head, fractured his shoulder and arm, and his uninsured £1000 wristwatch was damaged. Fred intends to make a claim for damages. Also, Cliff is considering claiming for damages. The security guard had spotted the materials that were stacked on the scaffold and informed BGCC and the Site Manager of this. One of the subcontractors also drew the BGCC’s attention to a similar situation earlier in the month. It is assumed that given the nature of the scenario, none of the parties’ insurance 2 policies (where applicable) covers them. Health and Safety Executive (HSE) has been informed and is currently investigating the incident. Tasks: 1) Critically analyse the scenario and advise Fred and Cliff on their civil legal positions, including possible tortious claims. 2) While BGCC awaits the outcome of the investigation, they have asked you to explain the legal, social and financial implications of the incident including any H&S legislation that may have been breached, if HSE is likely to prosecute them or not and why.
