“In construction, where would all the responsibilities and decisions legally and ultimately lie?”
Asks Achken Roberto Richardson.
A) Once a Construction Project is tendered based on its Terms of Reference, its Process is Approved for Construction Commencement.
B) At this point in time All Progress Steps for Construction are Approved within this same Overall Project Tender, as well as Scope of Work.
C) Progress Reports are Approved, as well as the Construction Format in which the Various Phases of the Construction will move forward in fully outlined Approved Descriptions.
D) Progress Payments Approval are based on Work that MUST be executed, completed and inspected for Approval at every Phase and Stage for Project Construction Payments, in accordance with the Scope of Work Approved.
E) Both Principal as well as General Contractor must sign off on all of the above, as to be able to establish, agree upon, and approve the Construction Contract, its Progress, its Conditions, as well as Potential Penalties that can be issued to both Principal and General Contractor in times of Defaults during Construction.
This is all outlined in the Approved Specification Document (Bestek).
F) The Project Supervision Management Team is responsible to primarily the Principal, as well as the General Contractor in times of Construction Disputes, where all Parties will refer back to the Approved Specification Document and Specification Drawings, as well as Working Drawings.
G) While at times it may occur that Delays for whatever reason can take place, the Party in Default can be Financially and Legally Penalized, once the Construction Process Approved within the Specification Document is breached.
These are the Standard cases in normal Public Tender Practices, or Tenders by way of Invitation.
The fact is that once all of the above becomes a reality, a possible Arbitrary Process can take place in which all Financial and Legal Penalties would be settled, that for whatever reason would have caused the delay, by way of unapproved Changes during the Construction Process and Period.
In the case of the Princess Juliana International Airport Refurbishing, Repairs, and Improvement Project on Sint Maarten, the question would be, “Who signed off on this Construction Agreement with the GENERAL CONTRACTOR as PRINCIPAL?
Was it the Operations Company? Was it the Holding Company? Or was it the Shareholder?
And should there be any financial, contractual, or legal issues, here is where you begin this Process, while not having to delay the Construction Progress, as it relates to the Scope of Work and the Approved Work Progress, outlined in the Approved Project Specifications.
Of course there are repercussions as well as other consequences that can be detrimental to any, or all Project Development Parties legally involved.
But of utmost importance is for All Parties involved, some way or another find swift ways to avoid and mitigate any aspect of the Progress of the Project that will jeopardize Proper Passengers Flow and Movement, as well as the best of convenience and service at PJIA that will affect our Name, Reputation, and Brand, as well as our Professional Competence on Site.
WE MUST SERIOUSLY AVOID ONE WAY OR ANOTHER HAVING TO GO BACK TO A CONSTRUCTION STAGE THAT WE HAVE LONG PASSED IN OUR SCOPE OF WORK.
EVEN IF ANY OF THE PARTIES MAY BE IN ANY POSSIBLE LEGAL BREACH, HAVING TO PAY PENALTIES IN SOME FORM OR ANOTHER-
Achken Roberto Richardson
