While existing laws do not stipulate that a MC/owners’ meeting shall be convened for the approval of tender documents and tendering procedures, OCs should consider doing so wherever possible.
This facilitates:
• transparency of the tendering process;
• the participation of owners and legitimacy of the process;
• owners’ understanding of legal requirements for tendering of works contractor;
• owners’ understanding of the role and responsibilities of works contractor;
• owners’ awareness of work items to be tendered beforehand.
Role and responsibilities of works contractor
A works contractor is a party entering into the contract for the undertaking to perform all relevant works in a building rehabilitation and maintenance project. In addition to completing designated works items in compliance with contract terms, the works contractor must promptly inform the works consultant and owners/OCs any and all adjustments, modifications or emergency issues arising during the works, and follow the instructions of the works consultant in a cooperative manner. An experienced and dedicated works contractor shall also employ appropriate workers and effectively manage work sites to ensure the quality of works.
Legal requirements
The Building Ordinance stipulates that owners/OCs must appoint qualified prescribed registered contractors to implement building rehabilitation and enhancement works in compliance with regulations of the law. For instance, pursuant to the 'Minor Works Control System', owners/OCs must appoint 'Registered General Building Contractors', or 'Registered Minor Works Contractors' qualified to carry out minor works items of their registered class and type for such tasks.
Owners/OCs may check the 'Registers of Prescribed Building Contractors' prepared by the Building Authority for reference.
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