Do You Know Your Role in a Construction Project?

“We shape our buildings; thereafter they shape us.” – Winston Churchill

Introduction

Kenya has witnessed numerous instances of collapsing and sinking buildings over the last decade, resulting in the loss of lives and significant economic investments. Additionally, many buildings continue to be condemned by the National Construction Authority (NCA) as unfit for habitation. A final report from an audit ordered by President Uhuru Kenyatta on the state of buildings in Kenya concluded that building collapses are due to poor-quality concrete, lack of proper foundations, and the use of substandard building materials.

It is crucial to understand the roles and responsibilities of different professionals in preventing construction defects.

Owner/Employer/Client

An employer can be an individual, partnership, corporate entity, commercial developer, or the government, who eventually owns the project or sells it after completion.

The employer generates the idea and arranges funding for the project, often securing construction mortgages and other loans. Additionally, the employer provides a scope definition of the work to be done.

Project Manager

A project manager is typically well-versed in the construction industry, often holding a Bachelor’s or Master’s degree in construction-related fields. Employers, who usually have little to no experience, appoint project managers to oversee and manage projects. Once the design phase is complete, project managers assign contractors through a bidding process.

Project managers are responsible for advising the owner on cost estimates, organizing payments, negotiating contracts with architects, vendors, and contractors, scheduling different project phases, and supervising project completion.

Geotechnical Engineer

Geotechnical engineering is essential for high-rise buildings and structures like bridges, ensuring strong foundations. It is a regulated profession under Civil Engineering, and engineers must be registered with the Engineers Registration Board of Kenya (ERB). The ERB website lists all registered engineers at ERB Registered Engineers.

Geotechnical engineers study soil and rock mechanics to determine the properties affecting the project. They assess risks like earthquakes, soil erosion, landslides, and sinkholes, design earthworks, and advise on suitable foundations. They also propose ground improvement techniques to enhance soil load-bearing capacity.

Architect/Designer

An architect plays a significant role in construction projects and must be registered with the Board of Registration of Architects and Quantity Surveyors, as established under the Architects and Quantity Surveyors Act. Registered architects can be found at BORAQS Registered Architects.

The architect conceptualizes the employer’s ideas into blueprints, draws up plans, specifies building materials, and interior finishes, and makes necessary plan variations. Acting as an agent of the employer, the architect ensures the work aligns with the drawings and specifications, coordinating with contractors and project managers. They also collaborate with structural engineers to design safe and aesthetically pleasing structures.

General/Prime Contractor

All contractors must be registered with the National Construction Authority (NCA). The contractor’s role is to realize the architect’s design. In Design & Build contracts, the contractor has additional design responsibilities and provides materials for the architect to select from.

Contractor responsibilities include obtaining permits and approvals, planning and coordinating construction activities, hiring and supervising workers, obtaining materials, managing budgets, and ensuring project completion within stipulated timeframes.

General contractors engage subcontractors for specialized tasks such as electrical wiring, plumbing, carpentry, masonry, air conditioning, painting, and steel fixing.

Quantity Surveyor

A quantity surveyor, registered with the Board of Registration of Architects and Quantity Surveyors, quantifies resources like labor, supervision, plant, and materials required for a project. They provide project budget estimates and analyze the impact of design changes on the budget.

The primary role of the quantity surveyor is preparing the Bill of Quantities (B.Qs), crucial for producing tender documents, managing the tender process, controlling variations, negotiating and assessing claims, valuing completed works, and providing expert witness reports in disputes.

Lawyers/Advocates

Construction law is an exciting field for legal practitioners. Lawyers assist in drafting complex agreements, creating instruments for banking facilities, negotiating construction contracts, warranties, advising on compliance, and guiding dispute resolution processes.

Conclusion

The construction sector is a diverse industry involving multidisciplinary professions. It is in the best interest of society for these professionals to collaborate harmoniously to construct safe, durable, and environmentally friendly structures.

For assistance with real estate and property development, contractual management, construction, infrastructure projects, public-private partnerships, conveyancing, real estate financing, or general advice, please contact us at info@wka.co.ke.