Responsibilities of the GIP to check project documentation. Job description of the chief project engineer (CIP). Job Responsibilities of the Chief Project Engineer

Modern realities allow the customer to choose any design organization that suits all parameters, terms, price and quality of services provided. As before, the chief engineer plays an important role in creating a construction project. Deciphering the abbreviation GIP - chief engineer of the project. The duties of such a specialist include not only affixing a certification signature on project documentation for compliance with specific regulatory documents in the field of construction, but also a wide range of responsibilities.

In a broad sense, a GIP is a specialist with a higher construction education, certain work experience, periodically taking refresher courses, and excellent organizational skills. The quality of the project will also depend on the flexibility of the mind and the experience of such a specialist. The chief engineer must offer new and original ideas that can satisfy all the needs of the customer, at minimal cost.

Myths about the CEO position

Many customers are still fully confident that the GUI is the person who is fully responsible for the quality of all documentation. In fact, previously such a specialist made personal decisions and was responsible for their consequences. However, today such a person is just a project manager. The main functional duty of an official is to ensure the dynamic flow of investments and return on financial investments. Simply put, a person looks at the entire project from an economic point of view, optimizing processes that will allow you to get more income with minimal investment. Decisions of a technical nature are made by other project participants, of course, in agreement with the ISU.

The chief project engineer cannot even physically check all the stages of the project creation, he is just one of the members of the project creation team.

Planted or not

Do not think that in the event of an accident, an engineer will be imprisoned. In fact, the pre-trial investigation implies the appointment of identifying the designer who made incorrect coefficients or made incorrect calculations in order to bring charges against the contractor. It turns out which organization gave the expert opinion. Although the punishment may also apply to the inspector, in this case the ISU puts his signature on it, thereby confirming that he has checked the documents.

The highest qualification

A stable, but not correct, opinion that the GUI is the most qualified specialist from the entire design organization. In fact, when a candidate is selected for a position, the employer is guided by other criteria. For some, it is important that the applicant has a second education, economic or major, for example, a diploma in the field of creating ventilation systems. The candidate must have excellent communication skills, be organized in order to keep under control the deadlines for the implementation of all stages of the project, be able to negotiate and other skills.

Which side is the GUI on?

The project manager is a kind of arbitrator who must reconcile the parties. If a heat engineer and an electrician cannot agree, it is natural that the chief engineer cannot be more qualified in specific matters than highly specialized designers. Therefore, he must convey to both parties the economic feasibility of resolving the dispute, in fact, protect the interests of the investor without loss of quality and full compliance with safety regulations.

job description requirements

There are no special requirements for the form of the job description of the Chief Executive Officer, however, his rights and obligations should be clearly stated.

Qualifications

Naturally, the best option is when a specialist has a specialized education for the first time, the second one can act as an additional plus when making a decision when choosing an employer between candidates.

As a rule, the chief engineer in construction should have at least 8 years of experience in the declared vacancy. If the object has a huge and industrial scale, then 10 years. The logical conclusion is that the applicant cannot be younger than 28 years old. There are usually no requirements for the upper limit of applicants for such a position, since even people of retirement age are mostly full of energy with vast and invaluable design and project management experience.

Responsibilities

The GUI is the key person. He has a wide range of responsibilities.

The project manager is obliged to carry out technical management of design and survey work. To carry out architectural supervision of the direct construction of the object, its commissioning.

The GUI is obliged to take all possible measures to improve the quality of the estimate and design documentation. It also prepares all data for concluding contracts with customers.

Responsibilities include the formation of calendar plans and tasks for subcontractors. In the future, he must monitor the fulfillment of obligations by the contractor.

It is also obliged to check the patentability of materials and equipment that are used for the first time. Must defend the project.

The GUI must justify deviations in the project from the current building codes. Prepare conclusions on rationalization inventions and proposals of designers.

Must assess the immediate risks that may arise in the way of project implementation. Responsible for monitoring customer satisfaction with the company's services. Interact with state and non-state organizations in the field of expertise. Must defend the project in the bodies of expertise and authorities.

The chief construction engineer distributes responsibility between the developers of design solutions and managers. Interacts with the contract department, accounting and other services of the employer.

Develops proposals for possible candidates for developers of specific design solutions.

Must organize work to eliminate inconsistencies in technical documentation and design estimates. To help reduce the cost of project documentation.

Rights

Architectural supervision today is a voluntary matter and is not regulated by any regulatory act, therefore, such a function can only be provided for in local acts, that is, in the job description.

The chief engineer in construction can participate in the working commission for the selection of routes and sites for construction, take a direct part in the design and survey. It should be remembered that site selection and engineering surveys are not the responsibility of the GUI, this function is entrusted to the customer. The chief engineer can only take part in the commission and express his special professional opinion. Has the right to participate in the examination of projects.

Has the right to negotiate during the conclusion of contracts with contractors, determine prices and participate in bidding and tenders for design and survey work.

Can make proposals to top management on entering data on the introduction of new legal requirements in design and estimate documentation.

What the GUI should know

The chief engineer in his work must be guided by the current norms and laws, SNiP, GOSTs, and the Urban Planning Code. Understand and apply in practice the provisions and requirements of GOST ISO 9001-2011 and GOST ISO 9001-2015. The ISU is obliged to engage in self-education and advanced training on an ongoing basis. Also must have an idea about the organization and management of production. Must keep abreast of new developments in the field of design and construction. Know the rules and regulations of labor protection, the basics of copyright and patent law.

A responsibility

The chief engineer of the project may be responsible, under the current legislation, for architectural solutions and technical and economic indicators at the facility under construction, the timeliness of preparation and completeness of design and estimate documentation. Also, the job description may provide for liability in the framework of non-execution of the signed job description.

Occupation: assistant chief engineer

Not so long ago, a new profession appeared - the assistant to the GUI. Even a young specialist with no work experience can be hired for such a position. As a rule, the work consists in direct assistance to the chief engineer. The main requirements include the following personal and professional qualities:

  • higher or secondary construction education;
  • ability to read blueprints;
  • activity;
  • sociability;
  • knowledge of the computer and special programs.

Naturally, the job responsibilities of such a specialist are a bit like secretarial or. Nevertheless, this is a good opportunity for a novice engineer to gain work experience and understand the intricacies of work, with a further prospect of becoming a chief project engineer.

APPROVE:

________________________

[Job title]

________________________

________________________

[Name of company]

________________/[FULL NAME.]/

"____" ____________ 20__

JOB DESCRIPTION

Chief Project Engineer

  1. General provisions

1.1. This job description defines and regulates the powers, functional and job duties, rights and responsibilities of the chief engineer of the project [Name of organization in the genitive case] (hereinafter referred to as the Company).

1.2. The chief engineer of the project belongs to the category of managers, is appointed to the position and dismissed in accordance with the procedure established by the current labor legislation by order of the head of the Company.

1.3. The Chief Project Engineer reports directly to the head of the Company.

1.4. A person who has a higher professional education and at least 8 years of experience in design or scientific and pedagogical work in the relevant field of knowledge, and at least 10 years in the design of especially large and complex objects, is appointed to the position of the chief engineer of the project.

1.5. The Chief Project Engineer must know:

  • prospects for the development of the relevant sector of the economy, science and technology;
  • design methods;
  • organization, planning and economics of design and engineering surveys;
  • advanced domestic and foreign experience in design and construction;
  • basics of standardization, certification and patent science;
  • resolutions, orders, orders of higher authorities, guidance, methodological and regulatory materials for the design, construction and operation of facilities;
  • technical, economic, environmental and social requirements for the designed facilities;
  • requirements for the organization of labor in the design of objects for various purposes;
  • building regulations;
  • modern technical means of designing and performing computational work;
  • standards, specifications and other guidance materials for the development and execution of design estimates and other technical documentation;
  • the procedure for concluding and executing contracts for the creation (transfer) of scientific and technical products; economics and organization of construction;
  • Copyright;
  • means of automation of design work;
  • labor protection rules and regulations.

1.6. The chief project engineer in his activities is guided by:

  • company charter;
  • this job description;
  • regulatory materials for the design, construction and operation of facilities.

1.7. During the period of temporary absence of the chief engineer of the project, his duties are assigned to [name of the position of the deputy], who is appointed in accordance with the established procedure, acquires the relevant rights and is responsible for failure to perform or improper performance of the duties assigned to him in connection with the replacement.

2. Job responsibilities

The chief project engineer is required to perform the following labor functions:

2.1. Carries out technical management of design and survey work in the design of an object and supervision of its construction, commissioning and development of design capacities.

2.2. Based on the use of the latest achievements of science and technology, the most appropriate and economical design solutions provide a high technical and economic level of the designed facilities.

2.3. Takes measures aimed at improving the quality of design and estimate documentation and reducing the consumption of material resources during the construction of facilities, reducing the cost of their operation based on improving the quality of design, urban planning and architectural and planning solutions.

2.4. Prepares data for the conclusion of contracts with customers for the development (transfer) of scientific and technical products, including the justification of contract prices.

2.5. Participates in the work of commissions for the selection of sites (routes) for construction, in the preparation of design assignments and in the organization of engineering surveys for the development of design estimates and other technical documentation.

2.6. He organizes its development at the facilities assigned to him, participates in the preparation of comprehensive schedules for the implementation of research, design, engineering and technological work for facilities that will use new technological processes and equipment with a long development, design and manufacturing cycle.

2.7. Draws up calendar plans for the release of scientific and technical products.

2.8. Develops proposals on the composition of the project developers, distributes tasks between them by sections and parts of the project, the volume and cost of work.

2.9. Forms tasks for subcontractors to perform the work assigned to them and provides these organizations with the necessary initial data.

2.10. Resolves issues that arise during the documentation development process.

2.11. Carries out control over the technical level of accepted design, urban planning and architectural and planning decisions, economical spending of funds for design and survey work, the timing of the development of design and estimate documentation.

2.12. Guarantees compliance of the developed design and estimate documentation with state standards, norms, rules and instructions.

2.13. Provides verification for patent purity and patentability of technological processes, equipment, devices, structures, materials and products first applied in the project or developed for it.

2.14. He defends the project in higher organizations and examination bodies.

2.15. Participates in the review and approval of design estimates by the general contracting construction organization.

2.16. Resolves issues that arise in the process of construction design, commissioning of the facility, development of design capacities.

2.17. Organizes work to eliminate the detected defects in design estimates and other technical documentation, as well as to account for the expenditure of approved estimates.

2.18. Prepares proposals to the management of the design organization and the customer on making changes to the working documentation related to the introduction of new regulatory documents, taking into account the actual state of construction.

2.19. Coordinates reasonable deviations from existing norms, rules, instructions with state supervision bodies and other organizations that have approved them.

2.20. Provides analysis and generalization of experience in design, construction and operation of constructed facilities and preparation on this basis of proposals to improve the technical and economic level of design solutions.

2.21. Prepares reviews and opinions on rationalization proposals and inventions, draft standards, specifications and other regulatory documents related to design and construction.

2.22. He takes part in the examination of projects, the preparation of publications and the preparation of applications for inventions, in the work of seminars and conferences in his specialty.

In case of official necessity, the chief engineer of the project may be involved in the performance of his official duties overtime, in the manner prescribed by law.

3. Rights

The chief project engineer has the right to:

3.1. Participate in the discussion of draft decisions of the head of the company.

3.2. Dispose of the financial resources and property entrusted to him in compliance with the requirements determined by legislative and regulatory legal acts, the charter of the organization.

3.3. Sign and endorse documents within their competence.

3.4. Initiate and hold meetings on organizational, financial and economic issues.

3.6. Conduct quality and timeliness checks on assignments.

3.7. Demand the termination (suspension) of work (in case of violations, non-compliance with established requirements), compliance with established norms, rules, instructions, give instructions on correcting deficiencies and eliminating violations.

3.8. Submit to the head of the company representations on the admission, transfer and dismissal of employees, on the promotion of distinguished employees and on the application of disciplinary sanctions to employees who violate labor discipline.

3.9. Participate in the discussion of issues related to their official duties.

3.10. Require the head of the company to assist in the performance of their duties and rights.

4. Responsibility and performance evaluation

4.1. The chief engineer of the project bears administrative, disciplinary and financial (and in some cases, provided for by the legislation of the Russian Federation, criminal) responsibility for:

4.1.1. Non-fulfillment or improper fulfillment of official instructions of the immediate supervisor.

4.1.2. Failure to perform or improper performance of their labor functions and assigned tasks.

4.1.3. Unlawful use of the granted official powers, as well as their use for personal purposes.

4.1.4. Inaccurate information about the status of the work entrusted to him.

4.1.5. Failure to take measures to suppress the identified violations of safety regulations, fire and other rules that pose a threat to the activities of the enterprise and its employees.

4.1.6. Failure to enforce labor discipline.

4.2. Evaluation of the work of the chief engineer of the project is carried out:

4.2.1. Direct supervisor - regularly, in the course of the daily implementation by the employee of his labor functions.

4.2.2. Attestation Commission of the enterprise - periodically, but at least once every two years based on the documented results of the work for the evaluation period.

4.3. The main criterion for evaluating the work of the chief engineer of the project is the quality, completeness and timeliness of his performance of the tasks provided for by this job description.

5. Working conditions

5.1. The work schedule of the chief engineer of the project is determined in accordance with the internal labor regulations established by the Company.

5.2. In connection with the production need, the chief engineer of the project is obliged to go on business trips (including local ones).

5.3. To resolve operational issues related to the provision of production activities, the chief engineer of the project may be allocated company vehicles.

6. Right to sign

6.1. To ensure his activities, the chief engineer of the project is given the right to sign organizational and administrative documents on issues referred to his competence by this job description.

Familiarized with the instructions ____ / ____________ / "__" _______ 20__

APPROVE:

________________________

[Job title]

________________________

________________________

[Name of company]

________________/[FULL NAME.]/

"____" ____________ 20__

JOB DESCRIPTION

Chief Project Engineer

  1. General provisions

1.1. This job description defines and regulates the powers, functional and job duties, rights and responsibilities of the chief engineer of the project [Name of organization in the genitive case] (hereinafter referred to as the Company).

1.2. The chief engineer of the project belongs to the category of managers, is appointed to the position and dismissed in accordance with the procedure established by the current labor legislation by order of the head of the Company.

1.3. The Chief Project Engineer reports directly to the head of the Company.

1.4. A person who has a higher professional education and at least 8 years of experience in design or scientific and pedagogical work in the relevant field of knowledge, and at least 10 years in the design of especially large and complex objects, is appointed to the position of the chief engineer of the project.

1.5. The Chief Project Engineer must know:

  • prospects for the development of the relevant sector of the economy, science and technology;
  • design methods;
  • organization, planning and economics of design and engineering surveys;
  • advanced domestic and foreign experience in design and construction;
  • basics of standardization, certification and patent science;
  • resolutions, orders, orders of higher authorities, guidance, methodological and regulatory materials for the design, construction and operation of facilities;
  • technical, economic, environmental and social requirements for the designed facilities;
  • requirements for the organization of labor in the design of objects for various purposes;
  • building regulations;
  • modern technical means of designing and performing computational work;
  • standards, specifications and other guidance materials for the development and execution of design estimates and other technical documentation;
  • the procedure for concluding and executing contracts for the creation (transfer) of scientific and technical products; economics and organization of construction;
  • Copyright;
  • means of automation of design work;
  • labor protection rules and regulations.

1.6. The chief project engineer in his activities is guided by:

  • company charter;
  • this job description;
  • regulatory materials for the design, construction and operation of facilities.

1.7. During the period of temporary absence of the chief engineer of the project, his duties are assigned to [name of the position of the deputy], who is appointed in accordance with the established procedure, acquires the relevant rights and is responsible for failure to perform or improper performance of the duties assigned to him in connection with the replacement.

2. Job responsibilities

The chief project engineer is required to perform the following labor functions:

2.1. Carries out technical management of design and survey work in the design of an object and supervision of its construction, commissioning and development of design capacities.

2.2. Based on the use of the latest achievements of science and technology, the most appropriate and economical design solutions provide a high technical and economic level of the designed facilities.

2.3. Takes measures aimed at improving the quality of design and estimate documentation and reducing the consumption of material resources during the construction of facilities, reducing the cost of their operation based on improving the quality of design, urban planning and architectural and planning solutions.

2.4. Prepares data for the conclusion of contracts with customers for the development (transfer) of scientific and technical products, including the justification of contract prices.

2.5. Participates in the work of commissions for the selection of sites (routes) for construction, in the preparation of design assignments and in the organization of engineering surveys for the development of design estimates and other technical documentation.

2.6. He organizes its development at the facilities assigned to him, participates in the preparation of comprehensive schedules for the implementation of research, design, engineering and technological work for facilities that will use new technological processes and equipment with a long development, design and manufacturing cycle.

2.7. Draws up calendar plans for the release of scientific and technical products.

2.8. Develops proposals on the composition of the project developers, distributes tasks between them by sections and parts of the project, the volume and cost of work.

2.9. Forms tasks for subcontractors to perform the work assigned to them and provides these organizations with the necessary initial data.

2.10. Resolves issues that arise during the documentation development process.

2.11. Carries out control over the technical level of accepted design, urban planning and architectural and planning decisions, economical spending of funds for design and survey work, the timing of the development of design and estimate documentation.

2.12. Guarantees compliance of the developed design and estimate documentation with state standards, norms, rules and instructions.

2.13. Provides verification for patent purity and patentability of technological processes, equipment, devices, structures, materials and products first applied in the project or developed for it.

2.14. He defends the project in higher organizations and examination bodies.

2.15. Participates in the review and approval of design estimates by the general contracting construction organization.

2.16. Resolves issues that arise in the process of construction design, commissioning of the facility, development of design capacities.

2.17. Organizes work to eliminate the detected defects in design estimates and other technical documentation, as well as to account for the expenditure of approved estimates.

2.18. Prepares proposals to the management of the design organization and the customer on making changes to the working documentation related to the introduction of new regulatory documents, taking into account the actual state of construction.

2.19. Coordinates reasonable deviations from existing norms, rules, instructions with state supervision bodies and other organizations that have approved them.

2.20. Provides analysis and generalization of experience in design, construction and operation of constructed facilities and preparation on this basis of proposals to improve the technical and economic level of design solutions.

2.21. Prepares reviews and opinions on rationalization proposals and inventions, draft standards, specifications and other regulatory documents related to design and construction.

2.22. He takes part in the examination of projects, the preparation of publications and the preparation of applications for inventions, in the work of seminars and conferences in his specialty.

In case of official necessity, the chief engineer of the project may be involved in the performance of his official duties overtime, in the manner prescribed by law.

3. Rights

The chief project engineer has the right to:

3.1. Participate in the discussion of draft decisions of the head of the company.

3.2. Dispose of the financial resources and property entrusted to him in compliance with the requirements determined by legislative and regulatory legal acts, the charter of the organization.

3.3. Sign and endorse documents within their competence.

3.4. Initiate and hold meetings on organizational, financial and economic issues.

3.6. Conduct quality and timeliness checks on assignments.

3.7. Demand the termination (suspension) of work (in case of violations, non-compliance with established requirements), compliance with established norms, rules, instructions, give instructions on correcting deficiencies and eliminating violations.

3.8. Submit to the head of the company representations on the admission, transfer and dismissal of employees, on the promotion of distinguished employees and on the application of disciplinary sanctions to employees who violate labor discipline.

3.9. Participate in the discussion of issues related to their official duties.

3.10. Require the head of the company to assist in the performance of their duties and rights.

4. Responsibility and performance evaluation

4.1. The chief engineer of the project bears administrative, disciplinary and financial (and in some cases, provided for by the legislation of the Russian Federation, criminal) responsibility for:

4.1.1. Non-fulfillment or improper fulfillment of official instructions of the immediate supervisor.

4.1.2. Failure to perform or improper performance of their labor functions and assigned tasks.

4.1.3. Unlawful use of the granted official powers, as well as their use for personal purposes.

4.1.4. Inaccurate information about the status of the work entrusted to him.

4.1.5. Failure to take measures to suppress the identified violations of safety regulations, fire and other rules that pose a threat to the activities of the enterprise and its employees.

4.1.6. Failure to enforce labor discipline.

4.2. Evaluation of the work of the chief engineer of the project is carried out:

4.2.1. Direct supervisor - regularly, in the course of the daily implementation by the employee of his labor functions.

4.2.2. Attestation Commission of the enterprise - periodically, but at least once every two years based on the documented results of the work for the evaluation period.

4.3. The main criterion for evaluating the work of the chief engineer of the project is the quality, completeness and timeliness of his performance of the tasks provided for by this job description.

5. Working conditions

5.1. The work schedule of the chief engineer of the project is determined in accordance with the internal labor regulations established by the Company.

5.2. In connection with the production need, the chief engineer of the project is obliged to go on business trips (including local ones).

5.3. To resolve operational issues related to the provision of production activities, the chief engineer of the project may be allocated company vehicles.

6. Right to sign

6.1. To ensure his activities, the chief engineer of the project is given the right to sign organizational and administrative documents on issues referred to his competence by this job description.

Familiarized with the instructions ____ / ____________ / "__" _______ 20__

02/11/2012

The Ministry of Regional Development of the Russian Federation prepared in August 2012 the following CONCLUSION on the assessment of the regulatory impact on the draft federal law "On Amendments to the Town Planning Code of the Russian Federation" and the Federal Law "On Architectural Activities in the Russian Federation" in terms of the mandatory participation of the CIP and PAG in the design process . The Ministry of Economic Development of Russia, in accordance with paragraph 60(1) of the Regulations of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation No. 260 dated June 1, 2004, considered the draft federal law "On Amendments to the Town Planning Code of the Russian Federation and the Federal Law "On Architectural Activities in of the Russian Federation” (hereinafter referred to as the draft law) and, based on the results of the regulatory impact assessment procedure, reports the following. According to the explanatory note to the draft law, it is aimed at securing the mandatory participation of the project chief engineer and the project chief architect (hereinafter referred to as CIP, CAP, respectively) in the design process, which should “lead to an increase in the quality and safety of the project documentation being prepared”, “create additional conditions for implementation of safe and high-quality projects, since it is the PIG (GAP) that “should provide high-quality design that meets the requirements of regulatory and technical documents that ensure the safety of capital construction facilities, and also bear personal, including administrative and criminal, responsibility for the prepared project documentation ".

none"> The bill provides that the GIP (GAP), certified in the manner and according to the criteria to be established later by the federal executive body in the field of construction, is appointed during the design of the facility and is responsible for the compliance of the developed project documentation with the developer's design task, the results of engineering surveys, the town-planning plan of the land plot, the requirements of technical regulations and other documents.

none"> The presence at the main place of work of an employee who has a certificate for the right to perform the function of the GIP (GAP) is proposed to be included in the list of minimum requirements for the issuance by a self-regulatory organization of a certificate of admission to work on organizing the preparation of project documentation.

none"> In this regard, the following should be noted.

none"> 1.1. At present, a number of mechanisms provided for by the Town Planning Code of the Russian Federation (hereinafter referred to as the Code) are aimed at achieving the goals of the bill:

none"> - most types of work on the preparation of project documentation can only be performed by entrepreneurs who have certificates of admission to such types of work issued by a self-regulatory organization (hereinafter also referred to as SRO) (part 4 of article 48 of the Code), which provides for them a number of costly obligations, regular recertification of employees and control by SROs (Articles 55.4, 55.5, 55.13 of the Code) According to the calculations of the Ministry of Economic Development of Russia, the average costs of design organizations in the first year of joining SROs are about 513,000 rubles, in subsequent years - about 145,000 rubles;

none"> - project documentation for most types of capital construction objects is subject to mandatory examination (part 1 of article 49 of the Code) and can be approved only in case of a positive conclusion of such an examination (part 15 of article 48);

none"> - insurance of civil liability of designers, which may occur in case of damage due to shortcomings in work that affect the safety of capital construction facilities, has also become widespread, which, according to current legislation, allows to reduce the contribution to the SRO compensation fund by more than 3 times ( article 55.4 of the Code);

none"> - for the stages of engineering surveys and construction itself, the current legislation also provides for a number of permitting and supervisory procedures: mandatory receipt of a certificate of admission to work from the SRO of the relevant profile, mandatory examination of the results of engineering surveys, issuance of a construction permit, state construction supervision, issuance of a permit for the commissioning of the facility; civil liability insurance of the relevant legal entities (individual entrepreneurs) is widely spread.

none"> The requirements mentioned above, as well as those established by the authorities of the constituent entities of the Russian Federation and municipalities, lead to the fact that in order to implement a construction project, for example, an apartment building, the developer needs to go through an average of 101 administrative procedures that are not related to the construction work itself, spending about 924 days
and 25 million rubles

Which is extremely burdensome for the economy.

none"> Given the above, the consolidation of an additional licensing procedure, which provides for mandatory certification of a significant number of employees of functioning design organizations, will ultimately lead to additional construction costs.

none"> 1.2. At the same time, the Code defines the procedure for compensation for harm caused as a result of shortcomings in the preparation of project documentation. Thus, according to Article 60 of the Code, compensation for harm caused as a result of shortcomings in the preparation of project documentation is carried out by the person who performed such work.

none"> The SRO bears subsidiary responsibility for causing the specified harm within the limits of the compensation fund.

none"> In addition, the Russian Federation, a constituent entity of the Russian Federation or an organization that issued a positive conclusion of a non-state examination of project documentation bears subsidiary liability for causing harm.

none"> It should be noted that the Federal Law of November 28, 2011 No. 337-FZ "On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" (hereinafter referred to as the Law
337-FZ), a number of changes were made to the Code aimed at improving the system of responsibility of construction activities.

none"> In particular, from July 1, 2013, these subjects, as well as the Russian Federation (subjects of the Russian Federation) will bear joint and several
and not subsidiary liability for causing harm due to deficiencies in engineering surveys, preparation of project documentation, construction, reconstruction, overhaul of capital construction projects.

none"> In this case, the main responsibility will be concentrated on the owner of the facility, concessionaire or developer (depending on the stage of the life cycle of the facility and contractual obligations), which, according to Law No. 337-FZ
on an unconditional basis compensate for the damage caused, and subsequently have the right to claim back (recourse) in the amount of compensation for damage and payment of compensation in excess of compensation for damage to the named parties to the construction process.

none"> Based on the foregoing, it seems that at present the system of permitting and control and supervisory procedures, as well as ensuring the responsibility of construction activities is quite complicated and burdensome for entrepreneurs. The creation of additional conditions for the safety of capital construction facilities, obviously, should be achieved by improving this system, and not fixing an additional form of admission (certification) and imposing additional responsibility on the participants in the design.

none"> 2. The proposed assignment of full responsibility for the organization of design work to the GUI (GAP) assumes that the relevant specialist is competent enough to analyze in detail all sections of the project documentation.

none"> At the same time, as consultations with representatives of the expert and business communities have shown, in reality, such a level of competence is impossible. In practice, the GUI (GA) acts rather than as a person who is competent in all areas of design and is able to control the work of developers of all sections of project documentation , but as a project manager, a representative of the design team.

none"> 3. As mentioned above, the presence at the main place of work of an employee who has a certificate for the right to perform the function of the GIP (GAP) is proposed to be included in the list of minimum requirements for the issuance of a certificate of admission to work on organizing the preparation of project documentation by a self-regulatory organization.

none"> It should be noted that Article 55.10 of the Code places the development of requirements for the issuance of certificates of admission to works that affect the safety of capital construction facilities (including legally established minimum requirements) within the exclusive competence of the general meeting of members of a self-regulatory organization.

none"> Thus, in order to fulfill the requirements of the bill, it will be necessary to hold a general meeting of members of all self-regulatory organizations based on the membership of persons involved in the preparation of project documentation (169 SROs, uniting about 32,000 design organizations).

none">Estimation of the costs of these activities can be carried out using the following data.

none"> On December 30, 2009, the order of the Ministry of Regional Development of Russia dated December 30, 2009 No. 624 was issued "On approval of the List of types of work on engineering surveys, on the preparation of project documentation, on the construction, reconstruction, overhaul of capital construction projects that have an impact on the Safety of Capital Construction Facilities” (hereinafter, respectively, Order No. 624, the List of Hazardous Works), which canceled the Order of the Ministry of Regional Development of Russia No. 274 dated December 9, 2008, which approved the previous version of the List of Hazardous Works.

none"> The publication of Order No. 624 required the SRO of the construction complex to hold general meetings of members and replace the issued certificates of admission to work that affect the safety of capital construction projects.

none"> It can be assumed that the costs caused by the adoption of the bill associated with holding general meetings of members of the "project" SROs will be:

none">(150,000 rubles * 169) + (15,000 rubles * 32,000 * 2

) = 985,350,000 rubles, which, taking into account inflation in 2011 (6.1%) and forecasted in 2012 (6%), will be about
1,108,180,000 rubles.

none"> Taking into account the above remarks regarding the concept of the draft law, these costs should be recognized as unreasonable.

none">There are a number of other comments on the bill.

none"> 4. According to the draft article 3.1 of the Federal Law of November 17, 1995 No. 169-FZ "On Architectural Activities in the Russian Federation" (hereinafter referred to as the Law on Architectural Activities), the GUI (GAP) ensure and are responsible for the compliance of the developed project documentation and the developer's design assignment, the results of engineering surveys, the town-planning plan of the land plot, the requirements of technical regulations and other documents.

none"> According to the explanatory note to the draft law, the GIP (GAP) should bear administrative and criminal liability.

none"> At the same time, the draft law does not contain any provisions specifying the responsibility of the GIP (GAP), and does not provide for amendments to the Criminal Code of the Russian Federation and the Code of the Russian Federation on Administrative Offenses.

none">At the same time, according to the Ministry of Economic Development of Russia, an effective system of responsibility should be based primarily on mechanisms of an economic nature.

none"> 5. The bill provides for the need for each design organization to have a certified GIP (GAP) in order to obtain a certificate of admission to the SRO (that is, in fact, to obtain the right to engage in design).

none"> At the same time, the certification procedure, including the procedure and grounds for depriving a certificate and the procedure for maintaining a register of persons certified for the right to perform the functions of the CIP (CAP), is proposed to be established in the future by a departmental act of the authorized authority.

none"> In this regard, it is unacceptable, provided for in Article 3 of the draft law, that it enters into force from the day of its official publication: in this case, all design organizations in the country will lose the right to carry out relevant orders until the necessary by-laws are developed and adopted, certifications are carried out .

none"> Moreover, as the experience of the establishment in 2012 of the institution of non-state examination of project documentation and engineering survey results, the results of which were equated to the results of the state examination, the corresponding transition period should be at least 1 year.

none"> 6. The draft law also requires bringing it into line with the current legislation: at present, the examination of project documentation and engineering survey results for most facilities can be both state and non-state, although the draft law provides for only the first (draft paragraph 8 of Article 3 of the Law on At the same time, it should be clarified whether the appointment of the CIP (GAP) is supposed to work on objects, the design documentation for which is subject exclusively to state expertise, since the explanatory note does not say about limiting the scope of the CIP (GAP) to such objects.

none">Instead of the term "customer" used in the draft law, the Code uses the term "technical customer".

none"> 7. It seems necessary to more clearly define the areas of activity of the GIP and the GAP: based on the drafted article 3.1 of the Law on Architectural Activities, the GIP can organize the design of any objects, while the GAP can organize the design of non-production facilities.

none">8. The bill does not fully comply with the explanatory note.

none"> So, the explanatory note says about the need to involve the GIP (GAP) in the supervision of construction, but the bill does not contain such norms.

none"> 9. According to the accompanying letter from the Ministry of Regional Development of Russia, the draft law was developed in accordance with paragraph 23 of the Plan for Legislative Activities of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation No. 2425-r dated December 28, 2011 (hereinafter referred to as the Plan).

none">At the same time, the development of the draft law is not provided for by the Plan: clause 23 of the Plan provides for the preparation by the Ministry of Regional Development of Russia of a draft federal law "On Amendments to the Federal Law" On Architectural Activities in the Russian Federation "and certain legislative acts of the Russian Federation (in terms of bringing legislative acts Russian Federation in accordance with the Town Planning Code of the Russian Federation).

none"> Based on the foregoing, it must be concluded that the draft law contains provisions that contribute to the emergence of unreasonable expenses of business and other activities, as well as provisions that impose excessive administrative restrictions on business and other activities.

none">As part of the regulatory impact assessment, public consultations were held with representatives of the business community and state authorities in a number of constituent entities of the Russian Federation.

Qualification directory of positions of managers, specialists and other employees
(approved by the Decree of the Ministry of Labor of the Russian Federation of August 21, 1998 N 37)

Chief Project Engineer. The chief architect of the project

Job responsibilities. Carries out technical management of design and survey work in the design of an object and supervision of its construction, commissioning and development of design capacities. Based on the use of the latest achievements of science and technology, the most appropriate and economical design solutions provide a high technical and economic level of the designed facilities. Takes measures aimed at improving the quality of design and estimate documentation and reducing the consumption of material resources during the construction of facilities, reducing the cost of their operation based on improving the quality of design, urban planning and architectural and planning solutions. Prepares data for the conclusion of contracts with customers for the development (transfer) of scientific and technical products, including the justification of contract prices. Participates in the work of commissions for the selection of sites (routes) for construction, in the preparation of design assignments and in the organization of engineering surveys for the development of design estimates and other technical documentation. He organizes its development at the facilities assigned to him, participates in the preparation of comprehensive schedules for the implementation of research, design, engineering and technological work for facilities that will use new technological processes and equipment with a long development, design and manufacturing cycle. Draws up calendar plans for the release of scientific and technical products. Develops proposals on the composition of the project developers, distributes tasks between them by sections and parts of the project, the volume and cost of work. Forms tasks for subcontractors to perform the work assigned to them and provides these organizations with the necessary initial data. Resolves issues that arise during the documentation development process. Carries out control over the technical level of accepted design, urban planning and architectural and planning decisions, economical spending of funds for design and survey work, the timing of the development of design and estimate documentation. Guarantees compliance of the developed design and estimate documentation with state standards, norms, rules and instructions. Provides verification for patent purity and patentability of technological processes, equipment, devices, structures, materials and products first applied in the project or developed for it. He defends the project in higher organizations and examination bodies. Participates in the review and approval of design and estimate documentation by the general contracting construction organization. Resolves issues that arise in the process of construction design, commissioning of the facility, development of design capacities. Organizes work to eliminate the detected defects in design estimates and other technical documentation, as well as to account for the expenditure of approved estimates. Prepares proposals to the management of the design organization and the customer on making changes to the working documentation related to the introduction of new regulatory documents, taking into account the actual state of construction. Coordinates reasonable deviations from existing norms, rules, instructions with state supervision bodies and other organizations that have approved them. Provides analysis and generalization of experience in design, construction and operation of constructed facilities and preparation on this basis of proposals to improve the technical and economic level of design solutions. Prepares reviews and opinions on rationalization proposals and inventions, draft standards, specifications and other regulatory documents related to design and construction. He takes part in the examination of projects, the preparation of publications and the preparation of applications for inventions, in the work of seminars and conferences in his specialty.

Must know: prospects for the development of the relevant sector of the economy, science and technology; design methods; organization, planning and economics of design and engineering surveys; advanced domestic and foreign experience in design and construction; basics of standardization, certification and patent science; resolutions, orders, orders of higher authorities, guidance, methodological and regulatory materials for the design, construction and operation of facilities; technical, economic, environmental and social requirements for the designed facilities; requirements for the organization of labor in the design of objects for various purposes; building regulations; modern technical means of designing and performing computational work; standards, specifications and other guidance materials for the development and execution of design estimates and other technical documentation; the procedure for concluding and executing contracts for the creation (transfer) of scientific and technical products; economics and organization of construction; Copyright; means of automation of design work; labor protection rules and regulations.

Qualification requirements. Higher professional education and work experience in design or scientific and pedagogical work in the relevant field of knowledge for at least 8 years, and when designing especially large and complex objects - at least 10 years.

Have questions?

Report a typo

Text to be sent to our editors: