Construction

General information

This activity requires the contest of many specialized actors. A project generally is conceived and carried out by a “Project superintendent ” (Architecte, research department), on behalf of the customer, called “ Owner building ”. It is however possible, in particular for work of great width or complexes, to share the tasks of control of work or control of work between several speakers.

Construction itself is generally carried out by one or more companies (one speaks then about a “consortium”), person in charge (S) of the market (contract) of work. This company responsible for the market, often called “undertaken general” also calls upon subcontracting.

The various speakers of construction are identified in what one calls the “trade”: Carcass work heavy castings, Cover, Plumbing, electricity, Heating, Painting, etc (for the building), Roadway system, lighting, networks water supply (drinking water, mains drainage, rain water), networks “dry” (electricity, gas, telephone, fiberoptic, etc), indication, etc (for public works).

The general company that which carry out the carcass work heavy castings (construction of the structure) and it is generally sub-contracted for the other trades.

A construction project requires, in addition to technical capabilities, an significant effort of planning, in order to respect the deadlines and the financial allocation fixed with the building owner and the project superintendent, to make cohabit the various trades, to be supplied with the good moment, etc Project superintendent, which is often that which took part in the design of the work, makes sure that the general company respects the project under the market rates. The building owner must also control that work respects the regulation, in particular as regards work conditions, of environment, embarrassment of the residents…

Regulation

In all the countries, the building sites or rehabilitation are subjected to an increasing regulation (guaranteed (for example decennial in France), rules and construction standards, protection of workers and public, etc). The mode of making of the government contracts is in particular framed, to allow a free competition while avoiding a distortion of market (corruption, etc).
La regulation of construction existed already in the Antiquité, with for example in (Mésopotamie), the Code of Hammurabi one of the first known legislative codes, which fixed already rules of construction.

Considering the too many accidents in the sector of construction on a European scale, a particular Directive of the European Union (the eighth 92/57/CEE of the Council of the European Communities of June 24th, 1992) was elaborate and relates to the minimal regulations of Sécurité and health to implement on the “temporary building sites or mobiles” . This directive instituted a new concept: the Coordination health safety.

The regulation also tends to evolve/move in the direction of a better integration of the environment, in term of clean building site and less harming (fight against the Bruit and the Poussière, sorting and recovery of the Déchet S, Recyclage of materials, etc) and upstream evolving/moving for the new frame, worms of the Norme S of the types HQE supported on “performanciels” requiring controls (and self-checkings) particular, dependant on the obligation of result on behalf of the architect and the manufacturer (for example in term of soundproofing and thermal). The requirements of respect of the Protocole of Kyoto precede material changes in the choices of techniques of implementation and materials, even in the manners of living.

Types of constructions

One can distinguish five types of constructions: residential, commercial, industrial, public works (TP) and institutional.

Building

The majority of work in the building consist either in the new building or in rehabilitation or the installation of existing buildings. The building is collective or individual , for the individual one either into diffuse or is grouped (several houses carried out in the same place by the same promoter

The main actors are the Owner building (the customer), the Project superintendent (the professional right-hand man of the customer) and the companies. The building Owner can do without a Project superintendent and carry out itself the design of the work, the coordination and the monitoring of work. For private work the only obligation is to call upon an architect for the request for permit building if surface created (shon) is higher than 170 m ² (or if the building Owner is a SCI). On the other hand the reason for nona professional is to call upon the services of a Project superintendent (MOE) or of a general contractor.

Attention with the choice of the MOE: there are the serious ones, in general the architects who can be associated with the research department (many years of studies, an order which takes care of the professional duties) and least serious, the project superintendents not architects. This legal quality is not protected. A MOE does not have the right of: to make publicity, to always work with the same companies, to write the estimates on behalf of the companies. It moreover is limited to only one invitation to tender per annum for all its building sites. A MOE is the right-hand man of the customer, not company. It carries out the foregrounds of construction and checks the feasibility of the work from a technical point of view, without returning in the details of construction which are reserved for the general company.

The general contractor or general company or manufacturer. It deals with all: plans of execution to the realization of work. Even if it sub-contracted part of work it of it is responsible.

In the case of the construction of a House the general contractor is called manufacturer, it owes with his customer a certain number of protections included/understood in the " contract of construction of house " of which a financial guarantee of completion the guaranteed delivery at price and agreed time (an insurance company undertakes to finish construction in the event of failure of the manufacturer and assumes the overcosts of them). If construction is financed with loan, the lender must check the effective installation of legal protections or called upon an external organization VERIFIMMO for example.

These protections are due also in the event of acquisition of a house of occasion with work relating to the structure of the Building industry and or the creation of surface. (see work of professor Perrinet-Marquet)

Caution: the texts instituted provisions different according to the origin from the plans of construction. If the plans are gotten to the customer directly or indirectly by the manufacturer the applicable model of construction of House " is the contract; with supply of plans" . Thus if the operator undertakes to make establish the plans for his customer (in-house or by an independent professional) the operation must be the subject of this type of contract.

Public works

The public Travaux consist of the construction of infrastructures generally intended for transport. These building sites are generally carried out by public authorities or large companies at which it State entrusted or conceded a mission of Public service. One can quote like example of public working premises: roads, highways, railways, bridges, gas pipelines, pipelines, urban developments (installation of a place, burial of electric lines and telephone, tram lines, etc), harbor installations, etc

Certain private companies can also need to install important infrastructures, in particular in the field of the mines, energy, transport. In the majority of the countries (for example in France), these installations are subjected to an important regulation, with an aim of preserving the interest of the populations, their safety, and of limiting the negative impacts on the environment.

Beside “great work”, there are also many public working premises of small size as well for the local government agencies (installation of a crossing for pedestrians, of a roundabout, lighting, etc) as for private individuals or companies (goudronnement of an alley, installation of a carpark, etc)

Industrial premises

The market concerned is relatively small, it acts of a “Niche of market” which requires specialized competences. The companies are often specialized according to the fields: pharmaceutical, oil, chemistry, energy, manufacture, etc

See too

BTP
Engineering
Building (trade)

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