Construction sites are “temporary ownership” of contractors, ending with “initial handover”

“Abu Dhabi Housing”: The contractor is responsible for the “poor implementation” repairs of the citizen’s housing in general

The Authority has defined several procedures or steps that the housing owner must adhere to at the beginning of the initial stage of receiving his unit.

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The Abu Dhabi Housing Authority confirmed the right of citizens, owners of newly constructed housing units, to direct the construction contractors contracting with them to carry out any repairs or modifications that appear as a result of “poor implementation.” It was not clear during the inspection in the initial receipt, explaining that the contractor’s responsibility for implementing these repairs extends for a period of one year from After the initial handover of the housing to the citizen, the authority noted that during the construction and implementation of the housing, the construction site is a “temporary ownership” of the contractor, as his legal responsibility for the site continues to be officially transferred to the owner during the initial handover process.

The authority called on citizens benefiting from housing unit construction loans to review the contracts they conclude with construction contractors, before signing them, and to ensure that they include all the special requirements that the citizen desires, especially reviewing the items related to fees paid to external parties (consultant fees - water supply and electricity), to determine whether it will be borne by the contractor or the owner, as it is preferable to pay these clear and known amounts through the owner so that they do not fall within the percentage of profits with the contractor.

The authority stressed, in a series of indicative publications, which it posted on its official accounts on social media platforms, the importance of the owner alerting the follow-up to the implementation of the works by the consulting office, stressing the need for the owner to avoid making any external agreements or contracts with the contractor at a value lower or higher than the value of the project. According to the award) and the approved contracting contract to avoid any future problems that may delay the implementation or stop the project for a period of time.

The authority defined the initial receipt of the housing units as “the acceptance by the owner (the citizen) of the works executed by the contractor, marking the end of this contractor’s responsibility for the site, and its transfer from the possession of the contractor to the owner, as the construction site with its equipment is considered a temporary property of the contractor until receipt. The initial handover, and falls under his legal responsibility,” explaining that the transfer of ownership or possession of housing to the citizen by “initial handover” does not mean the end of the contractor’s connection with the project, but rather the end of responsibilities, and the start of other new responsibilities that start after the initial handover and end with the final receipt of the project and this period often takes a whole year (Unless otherwise agreed upon).

The authority specified procedures or steps that the housing owner must abide by at the beginning of the initial receiving phase of his unit, including “requesting a report of inspection and receipt of the project from the consultant, ensuring that all the works under contract have been completed, ensuring that the site is clean and free of any waste, in addition to a request The plans of works as implemented, which are all project plans (civil, construction, architectural, electrical, mechanical, and include all the contents of the project and its parts) a general site, buildings, other works, because these plans are the complete record of what has been implemented of works and materials, and represent the basis to which it is due. The owner in the event of any subsequent dispute between him and the contractor for any reason, and it is also based on it if the owner wants to introduce any modifications or additions in the future to the project.”

The procedures also included, receiving operating and maintenance manuals for equipment or devices, receiving and examining guarantee certificates for the installed equipment or devices, ensuring the validity of the warranty and the maintenance period and their conformity with specifications, receiving and examining building delivery certificates issued by the municipality, as well as service delivery certificates, visual inspection of facilities, making sure From the absence of visible defects or cracks in the walls or ceilings, and finally, the owner kept all documents and drawings related to the dwelling for easy reference when needed.

The authority clarified that the owner has the right, during the warranty year before the final receipt, to direct the contractor to repair, modify, create or rectify any defect or deficiencies in any part of the project or an element that appeared in it as a result of poor implementation and did not appear during the inspection in the initial receipt, or in In the event that these defects were developed later, noting that this responsibility does not include defects resulting from misuse or change in the required function or resulting from normal consumption of normal use.

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