Construction Development Act - part iv

Section vi (REGISTRATION OF CONTRACTORS, PROPERTY DEVELOPERS)

The Authority is required to maintain a Register of Contractors and all identified construction works are required to carry out by a registered contractor. Also foreign contractors are requiring temporary registration before they are engage as a contractor for an identified construction work. Moreover the authority has power to take disciplinary actions against contractors like suspend or cancel the registration of such contractors upon recommendations from disciplinary committee. Most of aforesaid functions are currently carryout by the ICTAD and thereafter those will be implementing through the Authority.

Other than the Register of Contractors, authority is required to maintain a Register of Property Developers, importers, manufacturers and suppliers of construction materials and directory of heavy construction machinery and equipment.

The Authority has power to carry out technical auditing for any identified construction work, if requested to do so by the owner. Even though technical auditing is adopt in construction industry, there were no any provision in law which assigned the power to carryout technical auditing to any entity. This provision will enhance the quality of construction product and also open opportunities to construction professional to involve for technical auditing.

Section vii (TECHNICAL AUDITING)

The Authority will specify standard documents suit for various purposes and qualified persons, consultant or contractors shall use those standard documents for the specified purpose.

Persons who have skills in any craft like carpenters or Electricians will be issue an Identity Card by the Authority and only those persons can engaged independently in any identified construction work unless under the supervision of a craft identity card holder.  Also the Authority will not grant approval for any foreign craftsman in any identified construction work if the required skill is available in that area. This will protect the local craftsman and also enhance the economy by reducing the money flow to other countries through employing foreign craftsman.

Also the Authority will maintain a Register of Skilled Construction Workers, Construction Site Supervisors, Middle Level Technical Officers and other professionals in the construction industry.

Section viii (STANDARD DOCUMENTS AND HUMAN RESOURCE DEVELOPMENT)

If the parties so desire any dispute relating to a contract for construction works, if it is not provided for in the contract, may be settled through conciliation or mediation by the Authority.

Party to any contract relating to an identified construction work, if unable to settle any dispute by conciliation or mediation by the Authority may refer such dispute for adjudication.

The Authority shall maintain a Register of Adjudicators.

Those are not mandatory provisions since it gives opportunity to parties to decide whether to go for conciliation/mediation/adjudication or some other dispute resolution mechanism.

Section ix (SETTLEMENT OF DISPUTES)

As earlier discussed the act vested power to authority to conduct disciplinary action against qualified persons and contractors. The section x, provide remedy to parties who are aggrieved by a decision of the Authority made under this Act. They may appeal to the Appeals Board against the Authority’s decision. Further any person aggrieved by the decision of the Appeals Board in respect of any appeal may appeal to the Court of Appeal.

Section x (APPEALS BOARD)

The Authority shall be responsible for the maintenance of a National Data Base in the construction industry. To collect necessary information to build up and maintain the data base the Authority has power to instruct and request information which is necessary to maintain the database, from all State and private banks, Sri Lanka Customs, imports and exports of construction material, qualified persons, registered contractors and property developers.

The Authority will be publishing annual reports on the construction industry and dissemination of information to government and private institutions and individuals.

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