Through the new law obligations for consultants and supervisors are established, in order to hold them accountable in projects financed from public funds, especially those from European funds.
The Law on quality in construction has recently been amended. The consultants and supervisors are expressly included in the category of factors involved in quality assurance in construction, along with, for example: site managers, designers, executors, project verifiers, manufacturers of construction materials, etc.
It should be noted that prior to this change, the consultants had no concrete obligations and responsibilities and therefore it was impossible to hold them accountable.
According to the explanatory memorandum of the new Law, the consultants to whom the rights to verify the observance of the quality of the work by the designers and executors are transferred, either did not have in practice employees for all specialties, or did not have sufficient staff or did not notify the investor of nonconformities, which led to the extension of the execution terms.
Thus, through the new amendments, the solidarity obligation of the consultants and supervisors with the designers and executors regarding the projects financed from public funds or from external loans is introduced.
New obligations are introduced for consultants and supervisors, such as: hiring specialists in all areas of consulting, ensuring a quality level of requirements, participating in all phases of execution, preparing daily reports to the investor, during the execution and quarterly, in warranty period. Under the new law, the consultant will be jointly and severally liable with the site manager for quality assurance.
The obligation for consultants or supervisors to conclude professional liability insurance policies is introduced, together with certified and technically certified or authorized designers and specialists.
Within 60 days, the public authorities will conclude additional documents to the existing contracts for the projects carried out from public funds, through which these new obligations will be inserted in the contracts.
The purpose of this law is to limit the cases of delay in the completion of projects financed from European funds through accountability of the consultants who have the constraints on the relationship with the designer and the executor of the work. The purpose of this law is to limit the cases of delay in the completion of projects financed from European funds through accountability of the consultants who have the constraints on the relationship with the designer and the executor of the work.