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The record pace of road repair for the last two years has actualized the issue of objective quality control over the works, - Volodymyr Omelyan

9 August 2018, 13:44

The record pace of road repair for the last two years has actualized the issue of objective quality control over the works. Volodymyr Omelyan, the Minister of Infrastructure stated the above during the meeting of the working group on the generalization of the practice of applying legislation on independent engineering control (assessment) of the technical condition of highways and the quality of road works and development proposals for its improvement. Representatives of The Ministry for Regional Development, Building and Housing of Ukraine, the Ministry of Economic Development and Trade of Ukrane, Ukravtodor, Ukrainian Railways, the Reform Support Team at the Ministry of Infrastructure, the Association of Engineers - Consultants of Ukraine - FIDIK of public organizations and other expert organizations took part in the working group.

During the meeting, the main provisions of the draft law of Ukraine "On the Amendments to Certain Legislative Acts of Ukraine on the Participation of an consultant engineer in the Implementation of Construction Projects" were discussed.

"Our task is to minimize risks that may arise during the introduction of independent engineering control. We have not to turn this institution into a formal or a corrupt mechanism", - Volodymyr Omelyan said.

The Minister of Infrastructure also offered to study the experience of the EU countries, where during the completion of the facility there is present not only the customer and consultant engineer FIDIK, but also the representative of the local authorities. "The logic is very simple – we are directing a lot of funds to the regions and we hope to attract funds from international financial organizations to implement projects in the regions, but control and accountability are still causes many comments  and remarks".

According to the draft law developed by the working group, the customer of construction, based on his own needs and capabilities, independently decides on the need to conclude an agreement on the provision of services with an engineer-consultant. In certain cases, determined by the Cabinet of Ministers of Ukraine, engagement of the consultant engineer may be mandatory. First, such opportunities are for the implementation of complex infrastructure projects in the field of road construction, rail transport, in the construction of seaports, airports and airfields.

It is envisaged that in case if the customer order the consultant engineer and assigns to him a part of the customer's obligations under the contract, the consultant engineer will be liable to the contractor for non-performance or improper performance of such duties. Also, the consultant engineer may be the subject of architectural and engineering control of the state in terms of delegated authority.

Improvement in the quality of work and reduction of risks in the implementation of construction projects are  proposed through the simultaneous involvement of the consulting engineer and the introduction of insurance, which, in contrast to the traditional system of penalties and licensing procedures, ensures not only the proper quality of construction, but also the protection of interests of all parties and compensation for losses in case of damage during the construction and warranty period.Therefore, the draft law proposes to provide the possibility of issuing a certificate of acceptance in operation of the facilities that were built with the assistance of an engineering consultant and in respect of which there are agreements insurance of constructing-installing works and civil liability of the main participants in the construction, on the basis of the quality assurance issued by the insurance company and the consulting engineer. Such strengthening of the responsibility of market subjects will allow to reduce the level of state control and will contribute to further deregulation in building.

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