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Missed service because gate was locked in November 2026. Who's responsible?

Deb K.asked 1 viewDelivery, Placement & ServicingMissed serviceTruck accessService visitBillingConstruction site

Had a locked gate situation last week on my construction site. We have three standard portable toilets and one ADA-compliant unit for a crew of 45, on a six-week rental. The site is gravel, level, and the units are 20 feet from where the truck usually parks. But someone locked the main gate overnight, and the service driver couldn't get in on Tuesday. The rental company says they'll bill for the missed service visit. I get that the driver's time is wasted, but is it really my fault if the gate was locked by another subcontractor? Who's typically responsible for access issues like this, the customer or the rental company? Does it depend on the contract?

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Marcus B.Chicago, IL

The customer is responsible for ensuring the service driver has access to the portable toilets on every scheduled service day, regardless of who locked the gate. Your rental contract almost certainly includes a clause requiring clear truck access during service hours. A blocked unit results in a missed service visit, and the rental company bills for the trip because the driver and equipment were dispatched. It does not matter that a subcontractor locked the gate; as the site manager, you are accountable for coordinating access. Review your contract's terms on access and missed services. For future scheduling, confirm the gate is unlocked before the service window or assign someone to meet the driver. Your current setup with three standard portable toilets and one ADA-compliant portable toilet meets OSHA 1926.51 for 45 workers, which requires one toilet seat and one urinal per 40 workers.

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