In today's article from the "Tuesday Mornings for Construction Workers" series, we'll take a closer look at the other participants in the construction process: the construction manager and the site manager. Understanding their roles is not only legally required but also crucial for the efficient and timely execution of the construction process.
The following persons may become construction managers or works managers:
- a graduate of a higher education program in a field related to construction, including architecture, construction, energy, civil engineering, environmental engineering (in the field of sanitary networks), electrical engineering (in the field of electrical and power networks, installations and devices) and sanitary engineering,
- who has completed the required period of professional practice,
- obtained a positive grade in the construction qualification exam,
- obtained an entry in the Central Register of Persons with Construction Licenses and
- is a member of the relevant district chamber of civil engineers.
Building licenses can be obtained in the following specialized fields: (i) construction, (ii) architecture, (iii) engineering (roads, bridges, railways, hydrotechnics), and installation of networks, installations, and devices (e.g., telecommunications, electrical, ventilation, gas, water, heating, and power). Building licenses may be granted without restrictions or with limited scope.
Pursuant to Article 22 of the Construction Law, the basic duties of a construction manager include:
- formal takeover from the investor and appropriate securing of the construction site, including the construction facilities, technical equipment and permanent geodetic control points, as well as protected elements of the natural and cultural environment,
- maintaining construction documentation,
- ensuring the geodetic marking out of the facility and organizing and managing the construction of the building in accordance with the design or building permit, regulations, including technical and construction regulations, and occupational health and safety regulations,
- coordinating the implementation of tasks preventing threats to safety and health protection,
- suspending construction works if a potential threat is identified and immediately notifying the competent authority,
- implementation of recommendations entered in the construction log,
- reporting to the investor for inspection or acceptance of completed works that are subject to concealment or disappearance, and ensuring that the tests and checks of installations, technical equipment and chimney flues required by law or specified in the contract are carried out before reporting the construction object for acceptance,
- preparation of subcontracting documentation for the construction project,
- reporting the construction object for acceptance through an appropriate entry in the construction log and participating in the acceptance activities and ensuring the removal of any defects found.
As far as authorizations are concerned, the construction manager has the right to request changes to the design solutions from the investor if they are necessary to increase the safety of construction works or to improve the construction process, and to respond to the recommendations contained therein in the construction log.
The above obligations and powers also apply to the works manager within the scope of his specialization.
The investor appoints both the construction manager and the construction works manager, although in practice, in the case of cooperation with a general contractor, the investor contractually obliges the general contractor to provide the construction manager. Appointing a construction works manager is necessary when the construction manager has a different professional qualification in a technical or construction specialty required to conduct construction works. Of course, situations may also arise where a construction manager and a works manager with the same construction specialty work on the same construction site, particularly in the case of large projects. Combining the roles of construction manager or works manager with the investor's supervision inspector is prohibited.
The construction manager and works manager are subject to civil, criminal and professional liability, which may be both contractual and tortious.
Professional liability in construction is borne by persons who perform independent technical functions in construction and:
- have committed misdemeanors or offences specified in the law,
- were punished in connection with performing independent technical functions in the construction industry,
- due to gross errors or negligence, caused a threat to human life or health, safety of property or the environment, or other significant material damage,
- do not fulfill or fulfill their obligations negligently,
- they avoid undertaking authorial supervision or negligently perform the obligations arising from exercising such supervision.
Committing the above acts is punishable by penalties, in particular: a warning, a warning with the requirement to pass an examination on knowledge of the construction process and the ability to practically apply technical knowledge within a specified time, and a ban on performing independent technical functions in construction. The ban may be imposed for a period of one to five years in cases of significant social danger posed by the act and is combined with the requirement to pass the examination again.
In summary, the construction manager and the site manager are key participants in the construction process . The site manager is responsible for overall supervision and regulatory compliance, while the site manager manages the execution of individual projects. Effective collaboration between the site managers is essential to project success and ensuring high quality and safe execution.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of September 2, 2024
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