Introduction to the Builders Law- - PowerPoint Presentation

Slide1

Introduction to the Builders Law-Slide2

Industry Context-

Over 600 companies have a Trade and Business License as a Contractor

Development Industry Contributed approx. $93,286,000 in 2014 to the Cayman Islands GDP (source- eso.ky)

Employed approximately 3,924 persons in 2015 (source- eso.ky)Slide3

Purpose-

Consumer and Business Protection-

ensure that business entities are qualified and competent to deliver works for which it has contracted,

ensure that a level playing field for business entities, and

ensure that the public will not sustain economic loss resulting from the contractor’s inability to meet lawful obligations under any relevant contract or undertaking.

Strengthen the construction industry-

enhance competency and service delivery quality.Slide4

Administration-

Establishes the Builders Board as the registering entity responsible for ensuring that any registered entity is both qualified and competent, to carry out the scope of works for which they entity is licensed to perform.

Board is comprised of 10 members who are representative of the construction industry.

Department of Planning serves as the administrative arm of the Board. Slide5

Registration Categories-

To provide for the registration of businesses entities and qualified individuals into one of five categories-

General Contractor

Building Contractor

Residential Contractor

Civil Engineering Contractor, and

Trade ContractorSlide6

Registration Categories-

General Contractor-

a business entity which performs any type or description of construction, other than civil construction.

Building Contractor-

a business entity which constructs commercial, industrial, institutional, residential or other buildings, including their ancillary buildings, none of which exceed three storeys or 25,000 square feet.

Residential Contractor-

a business entity which constructs, repairs, renovates, extends or improves any building comprising up to four dwelling units, not exceeding three storeys in height, and their ancillary buildings. Slide7

Registration Categories-

Civil Engineering Contractor-

a business entity which builds roads, bridges, docks, utilities infrastructure and other similar constructions.

T

rades Contractor-

a business entity which does not fall under the purview of general contractor, residential contractor, building contractor, or civil engineering contractor but which includes other works such as site works contractor, concrete and masonary contractor, metal works contractor…. etc. Slide8

Qualifications and Competencies-

Qualified Individual-

the individual who possesses the necessary skills and competencies to undertake the category of work for which the business entity is registered.

Criteria-

successfully passing a written examination, or

satisfying the Board that he or she is capable of undertaking the category of work for which the entity is applying,

demonstrate financial responsibility and professional reputation, and

the ability to ensure that the public will not sustain economic loss resulting from the professional inability to meet lawful obligations under any relevant contract or undertaking,Slide9

Qualifications and Competencies-

Must be Caymanian

Except in instances where a non-Caymanian qualifies to be registered as a qualified individual and has ben employed with a business entity for a period of not less than three years immediately preceding the date of commencement and the business entity does not have in its employment a Caymanian who is qualified to be registered as a qualified individual, the non-Caymanian may be registered as a qualified individual.

Where the non-Caymanian’s employment with the business was for a period less than three years immediately preceding the date of commencement the individual may be registered until the first renewal of the business entity’s

licence

. Slide10

Qualifications and Competencies-

Business Entity-

evidence of compliance with the Health Insurance Law,

evidence of compliance with the Workmen’s Compensation Law,

evidence of compliance with the Labour Law,

evidence of compliance with the National Pensions Law,

evidence of the requisite level of Public Liability Insurance,

relevant entity experience,

appropriate references attesting to the applicant’s competency and general reputation.Slide11

Insurance Requirements-

Public Liability Insurance Requirements-

General Contractor/Civil Engineering Contractor/Building Contractor/ Residential Contractor- $1,000,000

Trades Contractor- $ 200,000

Workers’ Compensation in accordance with the requirements of the Workmen’s Compensation LawSlide12

Fees for Business Entities and Qualified Individuals-

Application Fee- $

75Slide13

Enforcement-

Permits require the assignment of a registered contractor,

Contractors must be registered in order to request inspections,

The Builders Law provides for a number of penalties upon summary conviction that range from fines to imprisonment.Slide14

For Further Information-

Applications –

www.planning.ky

Builders Board

page

Contact Person-

Ms. Tanya Vasquez-Ebanks

Administrative Officer-Builders Board

Email-

Tanya.vasquez-ebanks2@gov.ky

Telephone- 345-244-6515Slide15

Discussion and Questions-

Contact Details-

Haroon Pandohie, AICP

Director of Planning

Department of Planning

Email-

H

a

roon.Pandohie@gov.ky