Reviewing the topics of national construction regulations – engineering law
Part 12: The duty of the organization regarding non-renewal of the supervision contract by the owner.
Question: If according to the current regulations, the coordinating supervisor requests an extension of the supervision no later than two months before the end of the supervision contract, and this extension request is notified by the organization to the owner (to pay the supervision fee), and the respected owner ignores this matter. and did not take any action to extend it and did not pay the fees of the supervising engineers, what is the duty of the organization and authority to issue the license and what can be done to oblige the owner?
Answer: First of all, it should be seen where the issues of national regulations are and whether the licensing authorities are obliged to comply with these regulations or not???
Article 34 of the Engineering and Building Control System Law says:
Municipalities and other authorities that issue permits and control and supervise the implementation of construction and urban development affairs, the executors of public and government buildings and facilities, the owners of construction engineering and urban planning professions, and owners and employers in cities, towns and cities and other places located in the scope of the national building regulations and the rules and regulations of urban development ((they are required to comply with the national building regulations))
((Failure to comply with the aforementioned regulations and urban development regulations is considered a violation of this law.))
According to the explicit text of the mentioned law, it is clear that the implementation of national regulations is one of the tasks of the mentioned authorities.
Now, if an owner refuses to extend the contract with the organization, in this case, according to the final paragraph of paragraph 14-4-6 and also paragraph 15-4-10 of the second topic of the National Building Regulations (request to stop execution operations), the organization must notify the licensing authority. and the municipality will be obliged to implement the request to stop the executive operations until the assignment of the project supervisor is determined.
6-4-14 In case the employer or employers refuse to extend the contract with the organization, the executive operations of the building will be stopped with the notification of the provincial organization to the building permit issuing authority until the introduction of new supervisors.
15-4-10 If the continuation of the work of the legal supervisor becomes impossible due to the expiration of the contract or its termination or annulment or disqualification or any other legal reason, the construction operation will be stopped and its resumption will depend on the existence of a new supervisor.
In such cases, the building permit issuing authority is obliged to prevent the continuation of work until the introduction of a new supervisor.
In the end, it is necessary to remember this bitter and unpleasant issue, why some friends who are active in the field of engineering law education, as soon as an accident occurs in a construction site, with wrong trainings and interpretations and without providing solid evidence and not referring to the current laws and regulations in the field of construction. And the instrument of all efforts is to show the observers as the only culprits and the main accused of that incident.
Why don’t they pay any attention to the responsibilities and duties mentioned in the law for other authorities involved in the matter of construction, including (municipalities – housing and urban development, Article 35 – engineering system organization).
Written by Khalil Dashti
Member of Khuzestan Province Engineering System Organization
Telegram channel of national regulations – engineering law
This post is written by amiralidashti93