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Legal processes within a Project

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Posts: 1251
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Topic starter
(@stevej)
Noble Member
Joined: 14 years ago

Hi,

I'm trying to understand the legal processes involved in a Project.

We have a project with provisional approval (it needs a couple of final documents and clarifications from the Architect), but I'm not clear on what then once we have final approval.

I think I understand that our builder goes to the Camara to register and get the OK to do the work, and is responsible for health and safety on the site. Is the builder also responsible for liaising with the Camara at various stages for checking the work; does the builder get the final "signing off" document at the end of the process.

I've seen reference to a P.S.S. - again something about safety and security - is that down to us, or does the builder provide it.

I want to clarify what our legal responsibilities are, and distinguish between things we have to do from a legal process point of view, and things that are optional/advisable (eg, having someone oversee the builder to make sure things are being done correctly).

Also, is there any consumer protection built in to the insurances the builder needs - any industry-wide scheme for example to cover a situation where a builder goes bust.

Thanks,

Steve

6 Replies

Posts: 108
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(@cojabound)
Estimable Member
Joined: 5 years ago

Hi Steve,

We're half way through our buld (I hope!).

Yes the builder does need to sign on as the responsible technician with the camara. Here the bulders or engineers are Certified to sign off their own work. In our case the architect has done all of the liaising with the camara and he is overseeing the build, so I'm not sure if any aspect must be checked by the camara. But we got the impression the camara is fairly hands off as they have said make any changes (within disccussed parameters) along the way and submit them after completion. 

 

Good luck.

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Posts: 108
VIP Member
(@cojabound)
Estimable Member
Joined: 5 years ago

Hi Steve,

I should also add that yes the builder is responsible fot health and safety.

As for security, we have had a few break ins to our caravan and some vandalism to our watering system, so we have fenced, gated and camared out plot. Depending on how remote your site is, it's something to think about. Our builders have a storage container on site to lock up theur tools.

Insurance is a good idea, although we haven't got any (a quick search didn't yeild any results for companies here offering this cover) and our first builders went out of business, we know a few people who've had the same problem. Also fire is a risk, so consider cover for that as I don't think the builders insure for it. Our first set didn't snd now I'm going to check with our new ones! 

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Posts: 1251
VIP Member
Topic starter
(@stevej)
Noble Member
Joined: 14 years ago

Thanks for your replies Angela.

You say your architect is liaising with the Câmara and overseeing the build - what I'm wondering is if we, as a matter of law, have to have someone professional/licenced doing this role or whether we can get by without it.

As to insurance - we haven't got round to discussing this with the builders yet. We have buildings insurance for the property, but I doubt that would cover any damage done by the builders - I assume/hope that the builders have insurance to cover this. Similarly, they need to be liable for any thefts from the site - we are not on site (the house is not lived in, we live elsewhere) and so will have no control over how things are left overnight.

I'll wait and see what their contract says on these issues.

Steve

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Posts: 108
VIP Member
(@cojabound)
Estimable Member
Joined: 5 years ago

Hi Steve, 

The builder (or whoever signed on to the project with the camara) is the legally responsible person, so you don't need a separate project manager. Your builder will probably take that role automatically. 

I hope it all goes smoothly,

Angela

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