Building a house: when is a site manager needed and what are their duties?

When starting to build a house, we must remember the obligations that the Construction Law imposes on the investor. One of the most important when constructing a residential building is the need to hire a site manager (kierownik budowy). Throughout the entire investment process, it is the site manager who will make sure that the works proceed properly and who will be responsible for what happens on the building site. Find out when a site manager is needed and what their duties are.

• When do we need a site manager?
• Where can you find a site manager?
• Duties of the site manager
• A site manager is not an investor's supervisor
• Liability and claims against the site manager

When is a site manager needed?

Polish law clearly defines when a site manager must be hired. One is essential for all structures and construction works that require a building permit. Such supervision is also required for some projects carried out on the basis of a construction notification, including detached residential buildings. In certain situations, where the works are not complicated, the authority issuing the building permit may waive the requirement to appoint a site manager. When building a house, this is unrealistic.

Where can you find a site manager?

If you are building your house with a general contractor, in most cases providing the site manager is their responsibility. A large company has two or three specialists on its staff, from whom we can choose one. When we organise the build ourselves using the so-called self-build method (system gospodarczy), we have to look for a site manager through advertisements or on the recommendation of someone who has already built a house. In this case it is worth checking the professional's experience and what previous clients say about him or her. Let us also remember to choose someone who has already supervised a build using the construction method we have chosen.

The site manager's task is to supervise the construction at every stage. If we have doubts about the quality of the manager's work, we can replace them with someone else during construction. The situation becomes more complicated when the site manager is provided by the developer. If the agreement does not provide for this and the work is carried out in accordance with the regulations, the developer does not have to agree to our request to replace the person in charge of the project.

Duties of the site manager

The site manager's most important duties are supervising the project and keeping the construction log. After the site is handed over in writing, the manager is obliged to secure it and to put up an information board containing, among other things, the building permit number, the investor's name and the building supervision authority. A conscientious site manager will show the investor those parts of the works that will no longer be visible at a later stage of construction, because they will be covered up or will disappear (e.g. excavations, reinforcement, ceiling insulation). The manager also takes part in the acceptance procedure for the building and confirms in writing that the building has been constructed in accordance with the design and good building practice, using materials approved for sale. At the end of the works, the manager submits the as-built documentation to the authority that issued the building permit.

A site manager is not an investor's supervisor

The duties of the site manager are very often confused with those of the investor's supervisor (nadzór inwestorski), especially by people building for the first time. In principle, the site manager represents the contractor's interests and makes sure the construction proceeds in accordance with the law. The investor's supervisor, on the other hand, looks after the standard of the work and the quality of the materials used during the construction process. Very often, for financial reasons, people decide not to hire professionals to keep an eye on the contractor. This is a big mistake and may cost us a great deal in the future. Reliable supervision guarantees that our house will be built to the standard and quality we ordered, and that we will not be cheated by the construction company. We must also never allow one person to perform both functions.

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Liability and claims against the site manager

The extent of the site manager's liability is determined by criminal, civil and professional law (the Construction Law). The supervision inspector and the designer, as persons performing independent functions on the building site, are likewise liable for any failings and any resulting threats to health and life. Let us remember that criminal or financial liability does not exclude professional liability, and we have the right to pursue both. In professional matters the adjudicating body is the competent voivode, and the penalties may include, for example, having to retake the professional qualification exam, or a ban on performing an independent technical function for a period of one to five years. To hold the site manager liable under civil law, we must go to court. The provisions of the agreement between the parties will be very important here. Such cases usually take a long time and require large outlays on expert opinions.