RCD: TEN-YEAR CIVIL LIABILITY
Carrying out project management services in the construction industry bringing together different missions:
- studies and design of works
- direction, supervision and control of the execution of the works.
Project management brings together a wide variety of professions such as architects, project managers, technical design offices, consulting engineers, etc.
The project managers
They designate a professional family made up of architects, BET, economists, etc.
They also designate a profession whose activity consists of design studies of works and functions of management, supervision and control of works in addition to the regulated intervention of the architect for the mission of the architectural project relating to the building permit and for work on small works exempt from the obligation of intervention of an architect; they can go so far as to ensure complete project management or the mission of the architectural project relating to the building permit.
The architects*
The profession
Profession requiring an architecture diploma (Bac +6): DPLG, DENSAIS, DESA
Obligation to be registered and to contribute annually to the Order of Architects,
a highly regulated profession
Investment: software and hardware (drawing tables, etc…)
Free prices;
3 methods of remuneration: fixed price, % of the cost of the work, hourly session Major costs: personnel costs, travel costs and insurance premiums
Technical design offices (BET)
The profession
BETs and consulting engineers can carry out the following missions:
- carrying out specialized studies in targeted areas (e.g. masonry, prestressed concrete, climate engineering, frames and structures, etc.),
- complete project management missions (design and construction) in addition to the architect's mission,
- partial design or production missions,
- technical assistance to the project owner during the course of the operation.
Construction economists (formerly quantity surveyors) and surveyors*)
The profession
Surveyors must be registered with the National Order of Surveyors
The takeover of the firm is the most important investment
Clients: individuals, developers, architects and communities for surveyors;
construction companies and their clients, architects .
Ten-year liability
Ten-year liability insurance for works carried out following the missions or plans of the insured, works lessor or subcontractor. It only concerns damage affecting the solidity of the work ordered, or making it unfit for its intended purpose, damage occurring within 10 years following receipt of the work.
Main risk areas
Responsibilities related to the ten-year liability
Guarantee of proper functioning of equipment elements separable from works subject to compulsory insurance.
Damage affecting the constituent elements of the work without affecting its solidity, nor rendering it unfit for its intended purpose (intermediate material damage).
Damage caused to “existing” people by repercussion.
Liability for consequential immaterial damage.
Civil liability of the business manager
Coverage of the insured's civil liability due to damage caused to third parties or co-contractors, by himself or his employees, as a result of his missions or services, both before and after receipt of the work. This concerns damage of a bodily, material or immaterial nature.
Characteristics of the services of project management professions
Intellectual services
The project manager designs works, aesthetically, functionally and technically, while respecting the objectives defined by the project owner and regulatory constraints. It provides an architectural, technical and economic response to a program defined by the project owner.
Obligation to advise
The project management activity is characterized by a highly regulated and constantly evolving legal context.
The quality of the service is based on a good understanding of the need and the relevance of the associated solution.
Respect for standards and rules of the art
The project manager is the main actor in respecting the technical standards applicable to buildings as well as town planning rules. Its responsibility is systematically sought in this area.
Specialist and versatile
The project manager is consulted for a service and advice, but he is judged on the final result of the work.
Consequently, the aspect of coordination of the work is essential because it is he who must alert if the work does not comply with the service established for his client.
Cost containment
Project management is directly involved in determining the cost of the work. The project manager must therefore ensure that the budget for the construction of the work is respected.
Sustainable construction: a new approach
As consumers are increasingly aware of the energy consumption of their homes and encouraged to reduce it (draft finance law 2009), project management professions are increasingly part of a logic of sustainable and sustainable construction. must include it in their services.