#Question_Answer Mr. Engineer, can I know your opinion about the notification of the work agenda from the supervisor to the owner??
Is it correct to give an agenda?
Answer from Professor Hassanzadeh, a lawyer and jurist
Mr. Engineer is definitely aware that the agenda means to provide a solution for doing the work, since the supervisor has only the duty of monitoring the executive operations according to the provisions of the license, plans and annex calculations.
Therefore, if the supervisor is going to communicate a solution to the executive or the owner or the employer, it should be the same as the contents of the above-mentioned isnad, and if there is anything outside of them, Rasa will be the guarantor of its consequences. In some cases, the said notification can no longer be called an agenda, but its name is a confirmation notification of the implementation of the above-mentioned documents or national building regulations.
If an inspector sees a defect in the plans, he should not solve it, but he should ask the owner to fix it from the designer, and a copy should be given to the inspector by the owner with reference to the issuance of the license given by the secretariat registration number.
Mr. Engineer, as mentioned, the supervising engineer should only supervise the plans and calculations within the framework of the permit and should not create additional responsibility for himself by presenting any method other than the explanation of the said certificate.
It is clear that the notifications of the supervisor have a legal status, and my proposal was not in any way different from this, but I emphasized that the supervisor should not make any statements or actions outside of the permit, plan, and attached calculations.
For example, if in a concrete building, reinforcement grade was not found in the market and it was decided to use reinforcement with a different grade, and this requires the calculation of the equivalent section, even though the aforementioned supervisor has structural expertise, even at the doctorate level. But it is appropriate to ask the owner to take this matter from the accounting engineer because it is possible that the change in the area of the reinforcement and accordingly their number will affect the performance of the concrete section in the desired location and change the behavior of the structure and it is clear that in In such a situation, the relevant supervisor who acted directly and without taking permission from the accountant is responsible, and it is requested that the accountant engineer be acquitted.
For this reason, it is strongly recommended that the supervisor does not create additional responsibility for himself.
However, if a supervisor did not pay attention to these assertions and the leader took actions, then he should definitely accept the consequences of those actions/actions based on the jurisprudential rule of action (self-inflicted action is not an option).
Mr. Engineer, I think my speech is completely clear, the supervising engineer, based on the explicit text of Note 7, Article 100 of the Municipal Law and Article 34 of the Law on Engineering and Building Control System, should only report violations of the provisions of the permit, drawings and technical calculations to the owner and competent authorities. and more than that, he should not take any action under any title such as agenda or any other name given to it.
Because in this case Rasa must be responsible for the subsequent events and it does not seem to be worth the risk.
Thank you
This post is written by Mkd1396