#Official correspondence
Subject: Regarding the way of concluding a contract between competent builders and owners
In order to simplify the matter of concluding a contract with the competent builders and owners in order to reduce the capacity in the license applications, the following points are brought to mind:
1- As of 19/05/98, the control of the provisions of the contracts concluded between the authorized builders and the owners will not be carried out in the organization, and both parties will be required to comply with the provisions of the regulated contract of the organization (example of the brigade contract) at the time of conclusion.
2- According to paragraph “g” of article 3 of the letter of procedure subject to note 2 of article 24 of the executive regulations of article 33 of the law on engineering and building control, real and legal respected builders are obliged to ensure that there is no conflict of interest, the validity of the license, before accepting engineering services. Employment, lack of conviction to the penalty of deprivation, competence and capacity of employment, including the infrastructure and the number of acceptable work in accordance with the mentioned project, should be controlled and if there is any prohibition in terms of these cases, they should refrain from accepting it. It is worth mentioning that the control of these cases by the construction engineering system organization of the province, municipalities and other licensing authorities or other persons does not relieve the responsibility of the holder of the employment license. The engineering and building control system approved in 2014 by the honorable board of ministers will be implemented.
3- Also, after concluding the contract, all competent builders are required to prepare, stamp and sign form number 4 and send it along with the relevant contract.
4- The designated offices and companies of the organization in the issue of capacity deficit should, after examining the capacity and competence and the number of works of the respective competent manufacturer, while reviewing the summary of the contract in terms of compliance with the above and also form number 4 regarding the uploading of the contract and form number 4 in the archive. Building documents related to the same code should be renewed.
5- The picture of the signed contract and form number 4 is one of the documents attached to the issuance of the permit at the time of review in the work referral management unit of the organization, and this unit controls all the above items at the time of final approval of the project to be sent to the municipality.
6- In terms of the duties of the organization, contained in the Law on Engineering and Building Control System and its Executive Regulations, the organization will randomly review a number of concluded contracts, and if there is a discrepancy in the contracts with the sample contract of the regulatory team by the organization, according to Article 91 The Executive Regulations of the Engineering and Building Control System Law will deal with the relevant builder
7- According to paragraph 7-1, especially 7-1-2 of the third chapter and article 11 of the eighth chapter of the second topic of the national building regulations, the period of time specified in the contract for releasing the capacity of the competent builders must be based on the general and detailed schedule and also on the basis Construction groups (group A and B two years, group C three years and group D 4 years) should be observed.
8- According to paragraph 1-26 of the second topic of the National Building Regulations, the implementation period is the period of time that lasts from the date of issuance of the building permit until the delivery of the report of the completion of the building work by the coordinating supervisor to the municipality or other reference for the issuance of the building permit.
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This post is written by NRN58