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Construction & Contracting

Multiple contractors on one site: who bears coordination responsibility?

Vianto Pashku - Lawyer · · 6 min
Table of contents

In short

On a typical construction site today, several contractors work side by side — a shell contractor, an electrician, a plumber, a floor layer. Who ensures that everything fits together? The answer has shifted from the old reflex "the client will just handle it" to a shared responsibility in which each party has its own role.

You have a renovation planned and, instead of using a single general contractor, you opt for several specialist contractors, each with a separate contract. Cheaper, but also riskier. What if the electrician runs his cables in a spot where the plumber later needs to drill? What if underfloor heating is installed on a concrete floor without the concrete work being properly coordinated? When coordination fails, damage often follows. Who pays? The answer requires three separate questions: who coordinated, what did the law expect of each contractor, and how does good faith weigh in?

The starting point under Belgian law is clear: the client who concludes separate contracts with several contractors bears coordination responsibility himself. But the contractors are not released from responsibility towards each other — since a Court of Cassation ruling of 20 May 2021, we know that they have mutual duties of information, advice and warning as soon as their works interfere with one another. In this article, you will read how this shared responsibility is allocated in practice, with the textbook examples on which case law regularly applies it.

Who coordinates: the client or the contractors themselves?

The starting point is clear. When you, as the client, conclude separate contracts with several contractors, you bear coordination responsibility yourself. The draft Book 7 of the Civil Code codifies this principle in article 7.4.10: "Where several contractors take part in the performance of an assignment, each bound to the client by a separate contract, the client shall ensure their coordination."

Under current law, this principle is not expressly enshrined in legislation, but is inferred by the courts from the general contractual structure. Anyone who concludes separate contracts for works effectively assembles their own "team" and bears the logistical responsibility for it. This explains why individuals working directly with independent tradespeople often face a higher risk of damage than clients working with a single general contractor or a construction team.

In practice, this means: you draw up the schedule, you make sure the right party has access to the site at the right time, you keep the overview. If you have delegated that role to an architect or a site coordinator, ultimate responsibility remains with you, but the coordinator can be held internally liable for lack of due care.

The duty of cooperation between contractors

The other side of the coin: contractors are not exempt from their own responsibility. When their works interfere with one another, they are required to inform, consult and warn each other. The draft Book 7 of the Civil Code sets this out in article 7.4.28: "Where several contractors are appointed for the performance of an assignment, each bound to the client by a separate contract, each of them is obliged to cooperate with the other contractors."

This principle is not new. The Court of Cassation confirmed the duty of cooperation as early as its ruling of 20 May 2021 (Cass. AR.20210520.1F.2). Contractors working on the same site have, to the extent necessary and to the extent that their works interfere with one another, mutual duties of information, advice and warning. This obligation flows from the supplementary effect of good faith, as now enshrined in article 5.73 of the Civil Code.

Concretely: a contractor who carries out works without comment that undermine the performance of an earlier contractor, or who fails to warn a fellow contractor when he sees that the latter's work will cause faults in his own later performance, can be held jointly liable. The silent bystander is not an innocent bystander in construction.

A textbook example: underfloor heating on a concrete floor

A classic example is the installation of underfloor heating on a screed poured by another contractor. One contractor pours the concrete, another lays the underfloor heating, a third installs the finishing floor. Each of them has their own technical standards that must be observed — drying times for the concrete, expansion joints for the underfloor heating, adhesion requirements for the finish.

When one of these contractors starts his phase without any communication, before the previous phase is sufficiently completed, and damage arises months later (cracks in the floor, non-functioning underfloor heating, adhesion problems), the reflex is to sue only the "last" contractor. But liability is usually distributed: the earlier contractors also had a duty to warn their colleagues about the execution conditions of their own work.

In a case where the client bound all his contractors by separate contracts, a judge — after an expert investigation — may apply an allocation formula in which each contractor bears his share based on his failure to comply with the duty of cooperation. The client himself may be allocated a share where coordination was demonstrably deficient.

Cumulation with the duty to warn the client

The duty of cooperation between contractors sits alongside — and not instead of — their duty to warn the client. When a contractor sees that a fellow contractor is doing something wrong, he must not only warn that colleague but also inform you as the client. If he fails to do so, he remains liable for the damage — regardless of his own technical performance.

This is the case, for example, when a contractor sees that his colleague is pouring the screed on unstable ground, or that electrical cables are not being integrated in accordance with the AREI (General Regulations on Electrical Installations). For the details on this duty to warn, see the spoke on the contractor who failed to warn.

How do you properly record this in your contracts?

For projects with multiple contractors, a minimum set of arrangements is crucial. In practice, it is advisable to include in each individual contract:

An express cooperation clause in which the contractor undertakes to exchange information with other contractors on site. A reference to a coordinator (whether or not the client himself) and his power to give instructions. A provision on site meetings with mandatory attendance and minutes. A clause on reservations at acceptance: each contractor accepts that his work will only be finally accepted after subsequent contractors have successfully completed their phases.

Such clauses are not required by law but significantly strengthen your position if a dispute arises later. For more on how to legally frame the entire relationship with your contractors, see the pillar on rights and duties of the client in construction contracts.

What if you have no written contract with all your contractors?

Not unusual. For smaller works, people often operate on the basis of a quotation and a verbal agreement. The duty of cooperation between contractors nevertheless remains fully applicable — it flows from the supplementary effect of good faith, not from an express contractual clause. Proof of the contract itself can also be provided without a written document, as the Court of Cassation confirmed in its ruling of 5 December 2022 (Cass. AR C.22.0134.N) on proof through the conduct of the parties. Read more about this in the spoke on working without a written construction contract.

And if damage has already occurred?

In cases of coordination damage between contractors, an adversarial expert investigation is usually the first step. A court-appointed expert can establish who did what, when, and which failure is attributable to which party. On that basis, an allocation formula can be proposed that allows you to recover damages from each responsible contractor.

Do you have a case involving multiple contractors and are you unsure whom to hold accountable? Reius Advocaten assists individuals and companies with coordination disputes, from the initial findings to the final decision. Contact us at info@reius.be for an initial analysis of your case.

Frequently asked questions

Am I always responsible for coordination if I contract the contractors myself?

As a rule, yes. Anyone who concludes separate construction contracts bears the coordination obligation. The forthcoming article 7.4.10 of the new Civil Code will expressly codify this principle. You can delegate this obligation — for instance to an architect with an extensive site supervision assignment or to a construction team coordinator — but ultimate responsibility remains with you. A clear written definition of that delegation is then crucial.

Can a contractor exonerate himself by saying he did not know what his colleague was doing?

Not just like that. The duty of cooperation from Cass. 20 May 2021 and from the future article 7.4.28 of the new Civil Code requires contractors to communicate with one another to the extent necessary. A contractor who could see that his work depended on or affected the work of a colleague, and who made no reasonable effort to inform himself or to warn, breaches his duty of cooperation. Ignorance resulting from his own passivity does not protect him.

Does this duty of cooperation also apply between subcontractors?

Yes, and in an even broader sense. In addition to their obligations towards the main contractor, subcontractors also have a duty of care towards other parties on site. The legal relationship is then mixed contractual-extracontractual. In the event of the main contractor's bankruptcy, subcontractors may, where appropriate, be directly sued by the client on the basis of a breach of the general standard of care. For the financial side of subcontracting, see the spoke on the unpaid subcontractor and his direct claim.

What role does the architect play in coordination?

In addition to his design task, the architect has a statutory supervision duty over the execution of the works (article 4 of the Act of 20 February 1939). When he is also entrusted with coordination, his liability extends to alignment between contractors. An architect who observes at site meetings that contractors are working at cross purposes without flagging this can be held jointly liable. The Mons Court of Appeal ruled on 17 November 2022 (T.Verz. 2023, issue 3, 356) that even a partially-instructed architect commits a professional fault by allowing works to start without ascertaining that another architect would provide supervision.

How do I know whether my contractor has breached his duty of cooperation?

A court-appointed expert is usually the decisive step. On the basis of site correspondence, the chronology of the works, minutes of meetings and the technical condition of the execution, he can establish which contractor should have signalled something at what time. Without such a technical framework, it is in practice difficult to prove the duty of cooperation concretely — and your claim is largely built on sand.

What if one contractor goes bankrupt during the works?

A bankruptcy on site is a double problem: the works come to a standstill, and coordination becomes even more complex. Under the Insolvency Act, the trustee can decide whether or not to continue ongoing contracts. If he terminates them, you must act quickly to appoint a replacement contractor — preferably after an adversarial assessment of the state of the works by an expert. In the meantime, the other contractors on site still have a duty of cooperation: they must inform you and the replacement contractor about how their work connects to the halted phase. For the financial consequences, you can, where appropriate, file a claim in the bankruptcy, but the prospects of recovery are usually slim.

Must I organise site meetings if I have no general contractor?

Not legally required, but indispensable in practice. A site meeting every two to four weeks, with minutes and attendance by all active contractors, forms the backbone of your coordination. The minutes document who said what, which decisions were taken, and which arrangements were made. In a later dispute, this is the most objective piece of evidence. Anyone who has not organised site meetings and cannot produce minutes will face a serious evidentiary problem as soon as the coordination duty is challenged.

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