Wednesday, 9 May 2012

Spanish Builder (I)

The Building Contractor in Spain (I)

Obligations of the Builder under the Spanish LOE

Under the current Law on Construction Planning (LOE in Spanish), the Builder is defined as the agent who assumes -in contract with the Developer- the commitment of performing the Works with attachment to the Construction Documents and to the contract.

Obligations of the Spanish Builders

According to the LOE, the obligations of a Builder in Spain are:
  • performing the Work with attachment to the Construction Documents, to all applicable Laws and to the instructions of both the Director of the Work and the Director of the Performance of the Work, in order to achieve the required level of quality for the project
  • having a degree or a professional qualification entitling to comply with the required conditions
  • designating the Site Manager, who will be his technical representative on site and who, because of his qualifications or experience, must have skills in agreement with the characteristics and complexity of the Work
  • assigning the required human and material resources to the Work 
  • formalizing all necessary subcontracts, within the limits established in the contract
  • signing the Stakeout Statement and the Receipt Statement
  • providing the Director of the Work all the information necessary for preparing the Performed Work Documentation
  • signing guarantees as required by the LOE.

The Formal Statements

After the verification of the stakeout, the Builder, along with the Director of the Work and the Director of the Performance of the Work must sign the Formal Stakeout Statement.
After the completion of the Work, both the Builder and the Developer must sign the Receipt Statement, in order to formalize the delivery. If the Developer observed defects, the Work can be received with reserves, and in this case such defects must be entered in the Receipt Statement, along with the time when they should be corrected. The Receipt Statement must also reflect guarantees as required for ensuring the Builder's responsibilities.
Building Projects

Architect Daniel Trujillano
Architectural Services for Building Projects

No comments:

Post a Comment