As the amendment to the Construction Law draws ever closer, this week we'll be highlighting a topic of particular interest to construction managers. Today, we'd like to highlight the revised scope of their responsibilities effective September 19, 2020.
First and foremost, the amendment introduced a new Article 45a to the Construction Law , which clarifies the construction manager's responsibilities under Article 22 of that Act. Pursuant to the added Article, the construction manager's responsibilities will include:
- securing the construction or demolition site;
- confirmation by an entry in the construction log of receipt of an approved construction design from the investor and, if required, a technical design;
- placing an information board and a notice containing health and safety data on the construction site in a visible place – this obligation will apply to construction sites where construction works are expected to last longer than 30 working days and the simultaneous employment of at least 20 workers or the expected scope of construction works exceeds 500 man-days.
It's worth noting that if the provisions of the Building Law do not require the appointment of a construction manager , then, pursuant to Article 45a, paragraph 2, the obligations listed above are imposed on the investor . Investors should keep this in mind and thoroughly familiarize themselves with these obligations before commencing their investment.
Furthermore, a new and crucial obligation for construction managers , introduced into the Construction Law, is the requirement to present a current construction design upon request by a construction supervision authority . This obligation arises from Article 36b, Section 3 of the amended Act.
Due to the repeal of Article 42, Section 2 of the Building Law, which imposed on the construction manager the obligation to keep a construction log, this obligation now arises from Article 45, Section 3 of the Act.
Due to the obligation of the construction manager to maintain an information board, the legislator decided to add Article 45b, which contains regulations regarding the information board , in particular its shape and guidelines regarding the inscriptions on it, as well as the period for which the board should be placed at the site of the works.
We invite you to follow our articles regularly: last week we wrote about a new solution designed to increase fire safety , and next week we will discuss the introduction of the so-called "yellow card" mechanism in the event of illegal use of a building.
Download the table containing the changes
This material is for informational purposes only and does not constitute legal advice.
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