Property surveillance
The property supervision - construction supervision and documentation is according to the fee schedule for architects and engineers in the service profiles of the property and specialist planning the 8th of 9 service phases. Engineering structures and traffic systems are an exception. They name service phase 8 as site management and name local site supervision as a special service.
term
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] "The aim of this guideline is the unequivocal use of the terms to be used in the regulations for construction and building technology.
Colloquially, property monitoring is sometimes equated with construction management . This is incorrect with regard to the processes described by the HOAI as the scope of services for all planners in service phase 8 in comparison with the definition of construction management. The tasks and qualifications of the site manager are defined in the 16 state building regulations. 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. "
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. But 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.
Object planning services
In the service profile buildings and interiors ( Section 34 ), 32 percent of the fees for property monitoring are assessed according to HOAI. The basic services are described in Appendix 10:
- a) Monitoring the construction of the property for compliance with the public law permit or approval, the contracts with the executing companies, the construction documents, the relevant regulations and the generally recognized rules of technology
- b) Monitoring the execution of structures with very low and low planning requirements for compliance with the proof of stability
- c) Coordinating those involved in the property surveillance
- d) Establishing, updating and monitoring a schedule (bar chart)
- e) Documentation of the construction process (e.g. construction diary)
- f) Joint measurement with the executing company
- g) Invoice verification including checking the dimensions of the construction company
- h) Comparison of the results of the audits with the order sums including supplements
- i) Cost control by checking the service billing of the construction companies in comparison to the contract prices
- j) Cost determination, for example according to DIN 276
- k) Organization of the acceptance of the construction work with the participation of other parties involved in the planning and property monitoring, detection of defects, acceptance recommendation for the client
- l) Application for public-law acceptance and participation in it
- m) Systematic compilation of the documentation, drawings and arithmetic results of the property
- n) Handover of the property
- o) List the limitation periods for claims for defects
- p) Supervision of the elimination of the defects identified during acceptance
In the scope of services for outdoor facilities ( Section 39 ), 30 percent of the fees for property monitoring are assessed according to HOAI. The basic services are described in Appendix 11:
- a) Monitoring the execution of the property for compliance with the permit or approval, the contracts with the executing companies, the execution documents, the relevant regulations and the generally recognized rules of technology
- b) Checking plant and material deliveries
- c) Coordinating with or coordinating those involved in property surveillance
- d) Updating and monitoring the schedule, taking into account seasonal, construction-related and weather-related requirements
- e) Documentation of the construction process (e.g. construction diary), determination of the growth result
- f) Participation in the measurement with the construction company
- g) Invoice verification including checking the dimensions of the executing company
- h) Comparison of the results of the audits with the order sums including supplements
- i) Organization of the acceptance of the construction work with the participation of other parties involved in the planning and property monitoring, detection of defects, acceptance recommendation for the client
- j) Application for acceptance under public law and participation in it
- k) Handover of the property
- l) Monitoring the elimination of the defects identified during the acceptance
- m) List the limitation periods for claims for defects
- n) Supervision of the completion maintenance for vegetation-technical measures
- o) Cost control by checking the service billing of the construction company in comparison to the contract prices
- p) Cost determination, for example according to DIN 276
- q) Systematic compilation of the documentation, drawings and arithmetic results of the property
In the service profiles' civil engineering structures ( § 43 ) and traffic facilities ( § 47 ) , 15 percent of the fees for the site management are assessed according to HOAI. The basic services and the special services are described in Annexes 12 and 13. On-site construction supervision is mentioned as a special service. Otherwise, the services mentioned in the special services category , i.e. services that have to be paid for separately, differ in all service profiles of property planning. In performance image Freianlagen following benefits are listed as:
- Documentation of the construction process according to special requirements of the client
- professional participation in legal proceedings
- Construction management, artistic management
- Creation of an outdoor system inventory documentation
Specialist planning services
The service profiles structural planning ( § 51 ) and technical equipment ( § 55 ) of the HOAI (2013 version) are summarized under specialist planning . The scope of services for structural planning only includes service phases 1 to 6, consequently no basic services are specified in Annex 14 in service phase 8. However, examples of special performance are given.
In the technical equipment service profile, 35 percent of the fees under Section 56 of the HOAI 2013 are assessed for property monitoring . The basic services are described in Annex 15:
- a) Monitoring the construction of the property for compliance with the public law permit or approval, the contracts with the executing companies, the construction documents, the assembly and workshop plans, the relevant regulations and the generally recognized rules of technology
- b) Participation in the coordination of those involved in the project
- c) Establishing, updating and monitoring the schedule (bar chart)
- d) Documentation of the construction process (construction diary)
- e) Checking and evaluating the need for changed or additional services by the entrepreneurs and the appropriateness of prices
- f) Joint measurement with the executing company
- g) Invoice verification from a mathematical and technical point of view with checking and certification of the level of performance based on comprehensible proof of performance
- h) Cost control by checking the performance bills of the executing companies in comparison to the contract prices and the cost estimate
- i) Cost determination
- j) Participation in performance and function tests
- k) Technical acceptance of the services on the basis of the submitted documentation, creation of an acceptance protocol, detection of defects and issuing of an acceptance recommendation
- l) Application for official acceptance and participation in it
- m) Examination of the revision documents handed over for completeness, completeness and random checks for conformity with the status of execution
- n) List the statute of limitations for claims for the removal of defects
- o) Monitoring the elimination of defects identified during acceptance
- p) Systematic compilation of the documentation, the graphic representations and arithmetical results of the object
The following are mentioned as special services:
- Monitoring the rectification of defects within the limitation period
- Energy monitoring within the warranty phase, participation in the annual consumption measurements of all media
- Comparison with the requirement values from the planning, suggestions for operational optimization and for reducing media and energy consumption
Changes in HOAI 2013 to HOAI 2009
Compared to the HOAI 2009, the HOAI 2013 partially specified the basic services in the scope of services for buildings and interiors . For example, under point a) for “monitoring the execution of the property”, among other things, checking for compliance with the contracts of the executing companies was included. This involves checking to what extent the commissioned services are being carried out in accordance with the contract. Since this does not arise solely from the description of services, but also, for example, from the special contractual conditions, the contracts were generally referred to. The review of the compliance of the execution with the contracts does not mean a legal review of the contract.
Court judgments
Due to the complexity of property surveillance, numerous legal proceedings were conducted on the subject. The following judgments represent a selection.
- An architect commissioned with property supervision is not obliged to be on the construction site at all times. However, he must monitor the work in an appropriate and reasonable manner and make sure through frequent checks that his instructions are being carried out properly. In the case of important or critical construction measures, which experience has shown to have a high risk of defects, the architect is obliged to pay more attention and to monitor the building more closely. Evidence of a breach of the architect's building supervision obligation can be facilitated by prima facie evidence if the defect in the structure - such as moisture ingress - shows a typical course of events that suggests a lack of property supervision (Brandenburg Higher Regional Court, judgment of 27 June 2018 - 4 U 203/16).
- Part of the proper invoice verification in the context of service phase 8 is that the architect gives the client payment recommendations. Here, the architect has to take into account the down payments and advance payments known to him when determining the payment status and in his payment recommendations in order to avoid overpayment by the building contractor (OLG Frankfurt, judgment of March 31, 2016, file number: 6 U 36/15).
- An architect commissioned with property supervision is also obliged to check the contractor's advance invoices to see whether they are technically and computationally correct and whether the underlying services have been provided and whether these correspond to the contractual agreement (confirmation by BGH, judgment of 14 May 1998 - VII ZR 320/96).
Individual evidence
- ^ Association of German Engineers eV (Ed.): VDI 4700 sheet 1 - Terms of construction and building technology . Beuth, Düsseldorf October 2015, p. 111 .
- ^ Association of German Engineers eV (Ed.): VDI 4700 sheet 1 - Terms of construction and building technology . Beuth, Düsseldorf October 2015, p. 2 .
- ↑ Model building regulations MBO. In: rbeitssicherheit.de. Accessed January 2, 2020 .
- ↑ 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 .
- ↑ Annex 10 HOAI - single standard. In: gesetze-im-internet.de. Retrieved December 21, 2019 .
- ↑ Annex 10 HOAI - single standard. In: gesetze-im-internet.de. Accessed January 2, 2020 .
- ↑ Annex 12 HOAI - single standard. In: gesetze-im-internet.de. Retrieved December 21, 2019 .
- ↑ Annex 13 HOAI - single standard. In: gesetze-im-internet.de. Retrieved December 21, 2019 .
- ↑ Annex 14 HOAI - single standard. In: gesetze-im-internet.de. Retrieved December 21, 2019 .
- ↑ Annex 15 HOAI - single standard. In: gesetze-im-internet.de. Retrieved December 21, 2019 .
- ↑ Printed matter 334/13: Legal text HOAI 2013 & official reason. In: hoai.de. Bundesrat, pp. 155–156, 201 , accessed on December 21, 2019 .
- ↑ Higher Regional Court Brandenburg, judgment of June 27, 2018, file number: 4 U 203/16. In: ibr-online.de. Retrieved January 7, 2020 .
- ↑ OLG Frankfurt, judgment of March 31, 2016, file number: 6 U 36/15. In: ibr-online.de. Retrieved January 7, 2020 .
- ↑ BGH May 14, 1998, file number: VII ZR 320/96. In: dejure.org. Retrieved January 7, 2020 .
