Construction management
The construction management (short BL ) manages a construction site or parts of a construction site. She is responsible for the proper execution of the construction work. The term is used both for the construction management of the client (client) and for the construction management of the contractor (construction company).
Definition of terms
In sheet 1 of VDI 4700, the site manager is described as, quotation: "Supervisor of the proper construction work in accordance with the approved building plans and also compliance with the accident prevention regulations [based on MBO § 57 and WbB]". The appointment of a site manager in terms of building regulations serves to enforce public protection goals.
In road construction and civil engineering, the term construction management is mainly used for the construction management of the executing company. The site management on the part of the client is referred to here as site management and / or local site supervision because of Sections 55 and 57 of the HOAI.
Site management and site manager for each trade are deployed by the client, usually the client . As the “administrator of the client”, they primarily take on the monitoring and review of the service to be provided ( target construction ), coordinate the trades and other parties involved (possibly planners, authorities etc.) and are in direct contact with the client to clarify technical questions. The site managers continue to represent the client on the construction site and, in this function, should represent the client's interests towards the executing company. The construction management or construction management of the construction company ensures the coordination of the provision of services (personnel deployment, material deliveries, etc.) and is the contact person for the client or the client's construction management. Construction management includes the client's activities on the construction site. In contrast to this, the construction management includes the work of the foreman, i. H. the management task of the executing construction company.
Property surveillance
The fee schedule for architects and engineers (HOAI, in the version from 2013) only mentions the terms "site supervision (construction supervision)", "local construction supervision" and "site management" for the services during construction. The term "construction manager" is mentioned only once in the HOAI in Annex 10 when describing a special service, i.e. a service that is not covered by the HOAI, in the service profile buildings and interiors.
In Part 1 of VDI 4700, property monitoring is defined as the eighth service phase of the HOAI's buildings and interiors . As a note it says here, quote: "In this phase, the construction of the property is monitored for compliance with the building permit or approval, the implementation plans and the performance specifications as well as with the generally recognized rules of technology and the relevant regulations. The construction management manages a construction site or parts of a construction site. It is responsible for the proper execution of the construction work. [based on HOAI] "
Thus, the activities of a site manager overlap with the scope of services of the planner who is commissioned to monitor the property according to HOAI. However, in contrast to the construction management described in the LBO, the HOAI does not name any qualifications necessary for property monitoring and also includes significantly more activities than the coordination function in the form of managing the construction site. A contractor who, in addition to the planning, also has the construction work in the order, such as a general contractor, cannot undertake property monitoring in the sense of service phase 8 of the HOAI. The construction management with an obligation to the building authority can, however, be provided by both the planner and the executing company.
Construction management (Switzerland)
According to SIA 118 (General Conditions for Construction Work) Art. 3 Paragraph 3, the construction management is the representative of the client. Construction management can also be done by the client himself. The construction management can consist of one or more persons designated by the client (Art. 33 Para. 1). The power of attorney of the construction management is to be specified in a contract between the building owner and the construction management. In the absence of the regulation, an unrestricted power of attorney applies to the construction management vis-à-vis the entrepreneur (executing company, such as builder) in matters relating to the work to be created (Art. 33 Para. 2). According to this, the decisions of the construction management as well as the acceptance of the will of the companies are legally binding for the client.
Construction management on the side of the client
Construction management for the construction of engineering structures and traffic systems according to HOAI
In the HOAI, 15 percent of the fees are provided for the construction management (BOL) in the service profiles engineering structures ( § 43 ) and traffic facilities ( § 47 ) . In the systems 12 and 13 associated basic services and the special services are described:
Basic services
- a) Supervision of the on-site construction supervision, coordination of those technically involved in the object supervision, one-off checking of plans for conformity with the object to be executed and participation in their approval
- b) Establishing, updating and monitoring a schedule (bar chart)
- c) Initiating and cooperating in bringing the executing companies into default
- d) Determination of costs, comparison of the determination of costs with the order amount
- e) Acceptance of construction works, services and deliveries with the participation of the local construction supervision and other parties involved in the planning and property supervision, detection of defects, production of a record of the result of the acceptance
- f) Monitoring the tests of the functionality of the system parts and the entire system
- g) Application for official acceptance and participation in it
- h) Handover of the property
- i) List the limitation periods for claims for defects
- j) Compiling and handing over the documentation of the construction process, the as-built documents and the maintenance regulations
Special services
- Cost control
- Checking supplements
- Creation of a construction book
- Creation of inventory plans
- Local construction supervision:
- Plausibility check of the layout
- Monitoring the execution of the construction work
- Participation in instructing the contractor in the construction project (construction start-up meeting)
- Monitoring the execution of the property for compliance with the documents released for execution, the construction contract and the client's specifications
- Checking and evaluating the authorization of addenda
- Carrying out or initiating control tests
- Monitoring of the elimination of the defects identified during the acceptance of the services
- Documentation of the construction process
- Participate in the measurement with the executing company and check the measurements
- Participation in official approvals
- Participation in the acceptance of services and deliveries
- Invoice verification, comparison of the results of the invoice verification with the order amount
- Participation in the monitoring of the functionality test of the system parts and the entire system
- Monitoring the execution of supporting structures in accordance with Annex 14.2 fee zones I and II with very low and low planning requirements for compliance with the proof of stability
Artistic site management
The artistic construction management supervises the execution of the design and compliance with the draft.
Public law construction manager
The tasks and qualifications of the site manager with an obligation to the building authority are defined in the 16 state building codes. In § 56 of the MBO , which has been taken over literally by many countries for this part, it says quote:
- "The construction manager has to ensure that the construction work is carried out in accordance with the public law requirements and to issue the necessary instructions. As part of this task, he has to ensure the safe constructional operation of the construction site, in particular the safe interlocking of the work of the contractors The responsibility of the entrepreneur remains unaffected.
- The site manager must have the expertise and experience required for his task. If he does not have the necessary expertise in individual sub-areas, suitable specialist site managers must be consulted. In this respect, they take the place of the site manager. The construction manager has to coordinate the activity of the construction manager and his activity. "
The granting of the right to issue instructions reflects the public interest in the protective functions of the building regulations. Therefore, the construction manager is appointed with the notice of the start of construction in the sense of building regulations. It is a function under public law that can only be assumed by declaring it to the building authority. The right to issue instructions can therefore also be directed against the builder if he violates public obligations. In the case of a strict interpretation of his tasks, the construction manager must call in the lower building supervisory authority in an emergency if his instructions are not followed. An exemption from liability by the builder, which is customary in contract law, is excluded in the sense of building regulations. While the responsible construction manager of an executing construction company is responsible for ensuring the occupational safety of his employees, the public-law task aims at the interaction of all trades.
Often the site managers of the shell construction company are appointed in accordance with building regulations. At this moment his responsibility extends to the other trades as well. Typically, a company's construction manager is an employee and is therefore subject to the employer's right to issue instructions. There is no legal regulation to avoid the contrary constellation. In contrast to the safety and health protection coordinator (SiGeKo), the transfer of the right to issue instructions appears as a criterion for hierarchical classification. There is no provision for dividing the right to issue instructions.
Construction management on the side of the contractor
Construction management or site management
The construction management of the contracting company ensures that the work is carried out on time, in accordance with the quality and economically. In addition, safety and health protection as well as environmental protection must be ensured. The site manager represents the company owner and is therefore usually responsible for fulfilling the legal , official and employer's liability insurance association obligations.
The site manager is not constantly present on all small construction sites. The permanent representation is then a foreman or polishing or foremen . On large construction sites, the construction management is organized hierarchically:
- Senior Site Manager
- construction manager
- Section supervisor
tasks
- Coordination with the client and his representatives (site manager)
- Management of industrial employees with the foreman at the helm
- Controlling tasks (e.g. schedule controlling or cost controlling )
- Ensure that construction machinery , formwork , armor and building materials are available on the construction site in good time and in sufficient quantities
- Coordination of the subcontractors
- Billing and supplement management
- Cost and performance reporting
- Display of disabilities
compensation
In Germany, the fees set in the HOAI are binding price law for the remuneration of property supervision and local construction supervision in the client's order as a work contract. Since the decision of the ECJ on July 4, 2019, which states that the maximum and minimum rates in the fee schedule for architects and engineers (HOAI) violate the EU Services Directive passed in 2006 and the freedom of establishment in the member states of the EU, the minimum - and maximum rates of the HOAI are no longer mandatory, instead the fees are to be freely agreed in the future. In the service profile for buildings and interiors, Annex 10 , a special service, quote: "Activity as a responsible site manager, insofar as this activity goes beyond the basic services of LPH 8 according to the respective state law". Special services are services that are not recorded by the HOAI. Thus, all services that go beyond the HOAI are to be paid for by means of a separate agreement between the client and the customer.
The appointment as site manager in terms of building regulations does not result in any claim for remuneration. If construction management is transferred in accordance with civil law, there is only an additional claim for remuneration in special exceptional cases if construction management is transferred at the same time in accordance with the building regulations. Such a constellation can arise in the state of Brandenburg. A property planner must be appointed there, who takes over the construction management in terms of building regulations himself or has it carried out under his responsibility. After the construction work has been completed, a declaration of completion must be submitted stating that the project was built in accordance with the approved documents.
See also
literature
- Ullrich Bauch, Hans-Joachim Bargstädt: Practical Manual Construction Manager: Safely monitor construction works . 2nd Edition. Müller Rudolf, 2017, ISBN 978-3-481-03494-8 .
- Thomas Feuerabend, Götz Michaelis: site manager manual client: application examples, checklists, sample letters . 3. Edition. Bundesanzeiger, 2013, ISBN 978-3-8462-0360-6 .
Individual evidence
- ^ Association of German Engineers eV (Ed.): VDI 4700 sheet 1 - Terms of construction and building technology . Beuth, Düsseldorf October 2015, p. 20 .
- ^ Association of German Engineers eV (Ed.): VDI 4700 sheet 1 - Terms of construction and building technology . Beuth, Düsseldorf October 2015, p. 111 .
- ↑ R. Jochem: HOAI Commentary . Springer, 2016, ISBN 978-3-658-02831-2 , pp. 235 .
- ↑ R. Jochem: HOAI Commentary . Springer, 2016, ISBN 978-3-658-02831-2 , pp. 558 f .
- ↑ Model building regulations MBO. In: rbeitssicherheit.de. Accessed January 2, 2020 .
- ↑ Prof. Dr.-Ing. Dipl.-Kfm. Thomas Benz, Susanna Biernath, Matthias Jackson: The construction site manual construction management . Forum Verlag Herkert, 2018, ISBN 978-3-96314-136-2 , rights, obligations and powers of action of the construction management.
- ^ Burkard Lotz: The site manager and specialist site manager in the sense of the state building regulations. BauR, 2003, accessed on January 11, 2020 .
- ^ Curia case law of the Court of Justice. curia.europa.eu, January 11, 2020, accessed on October 27, 2019 . >
- ↑ ECJ "only" overturns the binding minimum and maximum rates of the HOAI - reactions from professional organizations | baulinks.de. Accessed January 11, 2020 (German).