RCD: TEN-YEAR CIVIL LIABILITY
Provision of project management services in the construction industry, encompassing various missions:
- studies and design of works
- direction, supervision and control of the execution of the work.
Project management encompasses a wide variety of professions such as architects, project managers, technical design offices, consulting engineers…
The project managers
They refer to a professional family composed of architects, engineering firms, economists…
They also refer to a profession whose activity consists of design studies for structures and functions of management, supervision and control of works which complement the regulated intervention of the architect for the mission of the architectural project relating to the building permit and for works on small structures exempt from the obligation of intervention of an architect; they can go so far as to ensure the complete project management or the mission of the architectural project relating to the building permit.
The architects*
The profession
of architect requires a Master's degree (Bac +6): DPLG, DENSAIS, DESA.
Registration and annual dues to the Order of Architects are mandatory.
The profession is highly regulated.
Investments include software and equipment (drawing tables, etc.).
Fees are not regulated; there are three methods of remuneration: fixed price, percentage of the cost of the work, or hourly rate.
Significant expenses include personnel costs, travel expenses, and insurance premiums.
Technical design offices (BET)
The profession:
Design offices and consulting engineers can perform the following tasks:
- carrying out specialized studies in targeted areas (e.g., masonry, prestressed concrete, HVAC engineering, frameworks and structures…),
- comprehensive project management services (design and execution) to complement the architect's role,
- partial design or implementation 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.
Taking over the practice is the most significant investment.
Clients: individuals, developers, architects and local authorities for surveyors; construction companies and their clients, architects .
Ten-year liability
Ten-year liability insurance for works carried out according to the specifications or plans of the insured party, contractor, or subcontractor. It covers only damage affecting the structural integrity of the commissioned work, or rendering it unfit for its intended purpose, provided that such damage occurs within 10 years of the work's acceptance.
Main areas of risk
Responsibilities related to ten-year liability
Guarantee of proper functioning of equipment components that can be separated from structures subject to mandatory insurance.
Damage affecting the structural elements of the structure without compromising its solidity or rendering it unfit for its intended purpose (intermediate material damage).
Damage caused to existing structures by knock-on effects.
Liability for consequential intangible damages.
Civil liability of the company director
Coverage of the insured's civil liability for damages caused to third parties or co-contractors, by the insured or their employees, as a result of their duties or services, both before and after acceptance of the work. This covers bodily injury, property damage, and consequential losses.
Characteristics of services provided by project management professions
Intellectual services
The project manager designs structures, from an aesthetic, functional, and technical perspective, while respecting the objectives defined by the client and regulatory constraints. They provide an architectural, technical, and economic solution to a program defined by the client.
Duty to advise
Project management is characterized by a highly regulated and constantly evolving legal context.
The quality of the service depends on a thorough understanding of the needs and the relevance of the proposed solution.
Compliance with standards and best practices
The project manager is the key player in ensuring compliance with applicable building technical standards and urban planning regulations. Their liability is systematically sought in this area.
Specialist and versatile
The project manager is consulted for services and advice, but is judged on the final result of the project.
Therefore, the coordination of the work is paramount, as it is the project manager who must raise the alarm if the work is not carried out in accordance with the specifications agreed upon with the client.
Cost control
The project manager is directly involved in determining the cost of the works. The project manager must therefore ensure that the construction budget is strictly adhered to.
Sustainable construction: a new approach
With consumers becoming increasingly aware of the energy consumption of their homes and encouraged to reduce it (draft finance law 2009), project management professions are increasingly adopting a sustainable construction approach and must include it in their services.