Final Chapter 4 CONSTRUCTION LAWS AND REGULATIONS.ppt
- 1. CHAPTER 1V General and Special Conditions of Contracts and its Relation to Laws, Codes and Standards
- 2. International Standard Conditions of Contract • There are different standard conditions of contract developed by certain institutions or recommended by International Financing or Development Institutions;
- 3. Standard Conditions of Contract developed by: FIDIC: ( International Federation of Consulting Engineers) • Conditions of Contract for Civil Engineering Works ( Red Book); • Conditions of Contract for Electrical & Mechanical Works ( Yellow Book); • Conditions of Sub-Contract for Works of Civil Engineering Construction; • Conditions of Contract for Design-Build & Turnkey ( Orange Book); • Conditions of Contract for Consultancy Services ( White Book); • The Sub-Consultancy Agreement; • Others;
- 4. Standard Conditions of Contract developed by other international institutions: By European Union ( through the European Development Fund (EDF); General Regulations for Works, Supply & Service Contracts financed by the EDF; General Conditions for Works Contracts financed by EDF; General Conditions for Supply Contracts financed by EDF; General Conditions for Service Contracts financed by EDF; By the African Development Bank/Fund ( it applies for the procurement of Works, Goods & Services); By the World Bank. These are Standard Bidding Documents for the procurement works of civil engineering construction. By UNICTRAL to be used for the procurement of Goods, Construction & Services Contract. It is rather a model, on which basis any country to develop a suitable LAW. By other institutions;
- 5. of CONTRACT
- 19. CONSTRUCTION LAWS AND REGULATIONS • Codes, bylaws, regulations, and acts govern construction works • Standards, Specifications, Norms etc facilitate and standardize construction works • Depending on needs, life styles, cultures, civilization status, etc the terms of these regulations and standards vary from country to country, province to province, municipality to municipality
- 20. Major Regulations in Construction • In most cases, the following are the major issues covered in these systems: Planning regulations, Environmental protection regulations, Waste and waste management and contamination regulations, Health and safety regulations, Bidding laws and regulations dealing with administration of disputes in construction, Property ownership right laws, Regulations on registered professionals and construction enterprises and administration of construction project quality,
- 21. Importance of the regulations and standards • Reduce the vulnerability of the built environment to risk & facilitate practices and protect stakeholders’ interests Improve the living standards and safety of the citizens Urban planning regulations Waste handling regulations Building safety regulations and codes Fire safety codes
- 22. Importance of the regulations and standards Increase the efficiency and quality of the construction built environment Professional licensing regulations, Occupational health and safety regulations, Material and machinery standardization Ensure fair trade within the sector and guarantee protection for investment Bidding and tendering laws and regulations Rules in contract administration Property ownership rights
- 23. Importance of the Regulations and Standards Ensure uniformity and continuity of operation Following a standard codes and procedure helps Promote imports and exports of construction products and services Transfer of Technology Increase reliability to the industry to investors Having a standard documentation and plan in licensing helps Improves efficiency and avoids corruption and nepotism Gives base for professional maintenance scheme and security access
- 24. Who Promulgates Laws, Codes and Standards? • Statutory bodies, professional associations, safety and health (and environmental) watchdogs City Codes: Planning, Construction, Health and safety State Codes Planning Department State Building Inspectors Federal Laws, and regulations Parliament, Statutory bodies Country codes: Professional institutions, Statutory bodies
- 25. Ethiopian context • Parliament • Ministry of Infrastructure – Ministry of Works and Urban Development • ERA, IUHDPO, etc – Ministry of Water Resources – Ministry of Mining and Energy • EEPCo • Provincial infrastructure departments • Municipalities
- 26. Major Standards and Regulations • Procurement & Contract related: • Proclamation 430/2005 • The PPA SBDs • The MWoUD’s standard condition of contracts • The ERA’s NCB’s and ICB’s documents – International ones • FIDIC procurement and contracting documents (1987 and 99) • the bank harmonized version of FIDIC • the EDF APC conditions of contracts
- 27. Major Standards and Regulations • Standard codes and specification related • The Ethiopian Building Code Standards • Standard technical specifications for building construction by MoWUD, BaTCoDA • Technical Specifications for Road Works (ERA) – Internationals • BS, ASTM, AASHTO, ACI, Euro code, TRL specs, etc are also quite in common use.
- 28. • Norms – The EBCA standard productivity, the BaTCoDA productivity standard and the MWoUD’s Ethiopian Construction Productivity (buildings) – The ERA’s CMS – The ERA’s EMS Major Standards and Regulations
- 29. • Construction Services Practices and Ownerships • Ethiopian Building Proclamations • Building Permit Regulation (Addis Ababa) • The Property Ownership Law (the CIVIL Code and the Condominium proclamations) Major Standards and Regulations
- 30. • Others – labor laws (employment laws) – Health and safety regulations, – Environmental protection acts, etc Major Standards and Regulations