Works Director DM 2018_49
Decree 7 March 2018, n. 49 concerning the duties and responsibilities of the Works Manager
The Construction Manager plays a critical role in construction and public works projects. This professional figure is responsible for supervising, inspecting and managing the entire process of carrying out a construction project, ensuring that it is completed in compliance with specifications, respecting the expected times and budgets, and above all ensuring the safety of workers and the quality of the work. Before examining his role in more detail, it is important to highlight his importance in construction projects.
Acts as a key intermediary between the client or public administration and the executors of the works, carrying out multiple tasks and responsibilities, including:
- Technical supervision: the construction manager is responsible for the technical supervision of the construction site. This involves constantly inspecting the progress of the works to ensure that they comply with the drawings, technical specifications and current regulations.
- Cost control: contributes to project cost control, monitoring the budget and reporting any deviations to the client.
- Change management: manages and evaluates requests for changes to the project during the construction phase, evaluating their effect on the budget and delivery times.
- Safety at work: promotes and ensures compliance with workplace safety regulations, working in close collaboration with safety specialists and workers to prevent accidents.
- Quality of the work: monitors the quality of materials and work under construction, ensuring that they comply with the required specifications and standards.
- Communications management: plays a crucial role in communication between all parties involved in the project, including the client, architects, engineers, builders and contractors.
- Reports and documentation: Maintains accurate documentation of construction progress, inspection reports, design changes, and other relevant matters.
- Regulatory compliance: Ensures the project is in compliance with all local, state, and federal laws and regulations.
The figure of the Works Manager is essential to ensure that a construction project proceeds smoothly, respects quality and safety standards, and meets the expectations of the client or public administration.
Works Director DM 2018_49
Decree 7 March 2018, n. 49 concerning the duties and responsibilities of the Works Manager
The structure of the decree
The ministerial decree approving the guidelines, conformed as "ministerial regulation", was structured along the original subdivision. It incorporates the guidelines, transformed into articulated, in compliance with the indications provided by the Council of State.
The decree also incorporates the observations of the Department for Legal and Legislative Affairs of the Presidency of the Council of Ministers on the "common provisions".
Ultimately, the structure of the decree becomes the following:
TITLE I - GENERAL PROVISIONS
Art. L. definitions
TITLE II - THE DIRECTOR OF WORK
Chapter I - GENERAL PROFILES
Art. 2. Relationship with other figures
Art. 3. The tools for carrying out the management and control activity
Chapter II - FUNCTIONS AND TASKS IN THE PRELIMINARY PHASE
Art. 4. Certification of the status of the places
Art. 5. Delivery of the works
Chapter III- FUNCTIONS AND TASKS UNDER EXECUTION
Art. 6. Acceptance of materials
Art. 7. Verification of compliance with the obligations of the executor and subcontractor
Art. 8. Modifications, variations and contractual variations
Art. 9. Disputes and reservations
Art. 10. Suspension of works
Art. 11. Claims management
Art. 12. Functions and duties at the end of the works
Chapter IV - ACCOUNTING ADMINISTRATIVE CONTROL
Art. 13. Administrative accounting control activities
Art. 14. The accounting documents
Art. 15. Electronic accounting and simplified accounting tools
TITLE III- THE DIRECTOR OF THE EXECUTION OF CONTRACTS RELATING TO SERVICES OR SUPPLIES
Chapter I - GENERAL PROFILES
Art. 16. Relationship between the execution director and the OR
Art. 17. The tools for carrying out the management and control activity
Chapter II - FUNCTIONS AND TASKS UNDER EXECUTION
Art. 18. The control activity
Art. 19. Start of contract execution
Art. 20. Verification of compliance with the obligations of the executor and subcontractor
Art. 21. Disputes and reservations
Art. 22. Modifications, variations and contractual variations
Art. 23. Suspension of execution
Art. 24. Claims management
Art. 25. Functions and duties at the end of the execution of the contract
Art. 26. The administrative-accounting control
TITLE IV - FINAL PROVISIONS
Art. 27. Repeals
Art. 28. Financial invariance clause
Construction manager, the appointment
The rules for the appointment of the works manager disappear from the definitive version that came to the Official Gazette, which therefore remains governed by the rules of the Procurement Code. Therefore, the reference provision is art. 111, paragraph 1, of Legislative Decree no. 50/2016, according to which the works supervision, when it cannot be carried out by the contracting authority, is entrusted in order to:
- other PAs
- commissioned designer
- other subjects chosen with a tender according to the provisions regarding the assignments of the design assignments
In the latter case, the assignment of the assignment must therefore take place according to the procedures indicated in art. 31, paragraph 8, of the Code: i.e. with public tender or direct assignment if the assignment is for an amount equal to or less than 40.000 euros.
Site manager, requirements
The provisions of article 24, paragraph 5 of the Code also apply with regard to the requirements that must be possessed by the construction manager, according to which, regardless of the legal nature of the contractor, the assignment must be carried out by professionals:
- registered in the specific registers provided for by the current professional regulations
- in possession of the general requirements pursuant to art. 80 of Legislative Decree 50/2016
- in possession of the qualification requirements set by MIT decree 263/2016
Construction manager, relations with other figures
As required by art. 101, paragraph 1, of the Code, the main interlocutor of the works manager, on the public side, is the RUP, sole responsible for the procedure.
In particular, the works manager receives from Rup the service instructions through which the latter gives the instructions necessary to guarantee the regularity of the works, sets the order to be followed in their execution, when this is not regulated by the contract, and in relation to the importance of the works, establishes the periodicity with which the works manager is required to present a report on the main construction site activities and the progress of the work.
Article. 2 of the ministerial decree then further regulates relations with this subject and with the other figures that come into play during the executive phase of the contract.
With reference to the relationship between the executor and the director of the works, the decree clarifies that it remains the responsibility of the latter to issue service orders to the executor in relation to the technical and economic aspects of the management of the contract. Without prejudice to compliance with these service provisions, the construction manager operates independently with regard to the technical, accounting and administrative control of the execution of the intervention.
Finally, it provides that where the assignment of coordinator for the execution of the works has been entrusted to a person other than the appointed construction manager, the aforementioned coordinator assumes responsibility for the functions assigned to him by the safety regulations, operating in full autonomy , albeit coordinating with the construction manager.
Service orders
With regard to the tools for carrying out management and control activities, art. 1, paragraph 1, letter d), of the decree provides the definition of service order: the act by which the Rup and the works manager impart to the executor all the provisions and operating instructions regarding the execution of the services.
Article. 2 also confirms that the construction manager gives the executor all the necessary instructions and operating instructions through the service orders, which must be communicated to the Rup and noted, with synthetic reasons (which report the technical reasons and the purposes pursued according to the order) in the work journal, with the electronic methods contemplated by the same accounting decree.
While waiting for the administrations to equip themselves with the necessary IT tools, the service orders must be formulated and returned in writing and must be returned signed by the contractor for knowledge.
In any case, it is understood that the executor is required to comply with the provisions contained in the service orders, without prejudice to his right to register reserves, the discipline of which will be entrusted to the contracting authorities (Article 9).
Director of execution
Title III deals with the activities of the execution director, namely:
- relations with the RUP
- the tools for carrying out management and control activities
- the control activity
- the start of the contract execution
- verification of compliance with the obligations of the executor and subcontractor
- disputes and reservations
- contractual variations and variations
- suspension of execution
- claims management
The indications on functions and duties at the end of the execution of the contract and on the administrative-accounting control follow.
Repealed articles
Title IV repeals:
- Articles 178 to 210 of Presidential Decree 207 of 5 October 2010, the Implementing Regulation of the old Procurement Code
- Articles 147 to 177 relating to the execution of the works
-
Articles 211 to 214 relating to bookkeeping (already repealed by the Procurement Code in 2016)