The right of the contracting authority to take action against the professional for damages remains unaffected.
If the contracting authority intends to exercise the right of termination referred to in paragraph 1), after the preventive checks carried out jointly with the professional, the manager of the merit service, with his own written note, invites the professional himself to fulfill within a deadline established. Once the established term has elapsed without the professional having fulfilled the fulfillment, the agreement is considered terminated by law and the same professional is only entitled to the compensation for the services actually rendered, within the limits of the parts that can be used for the purpose of completing the design. The compensation can be paid immediately only in the absence of damages suffered by the contracting authority as a result of the non-fulfillment.
The project and the related documents will remain the full and absolute property of the contracting authority, which may, at its sole discretion, execute it or not, as well as introduce, in the manner and with the means it deems most appropriate, all the variants and additions that , in his opinion, are deemed necessary, without any exceptions being raised by the professional and provided that the project is not substantially modified in the artistic and architectural part or in the essential informative criteria. In the event that the commissioning administration deems to introduce the substantial modifications in the project, as recently mentioned, the responsibility for the new project will fall on the professional appointed for this purpose.
All disputes that arise in relation to the interpretation and execution of the agreement and of these special specifications are possibly defined amicably between the manager of the merit service and the professional.
In the event of a negative outcome of the settlement attempts referred to in paragraph 1), said disputes are referred, within thirty days from that in which the attempt of peaceful settlement was abandoned, to an arbitration panel consisting of three members, one of whom is designated by the contracting authority, one designated by the professional and the third, acting as president, designated by agreement between the contracting parties or, in case of disagreement, by the president of the competent court for the territory.
CRITERIA FOR THE DRAFTING OF THE CONVENTION FOR THE ASSIGNMENT OF THE OFFICES OF WORK MANAGEMENT AND SAFETY COORDINATOR
The professional is required, in line with the provisions of the provisions in force on the management, accounting and testing of the State works and according to the indications prescribed by the administration, to inform the same on the progress of the works.
In this sense, agreements may be reached for the presentation of brief reports or for the holding of meetings on a periodic basis, always subject to the obligation for the professional to promptly notify the administration of the occurrence of events or circumstances of significant importance.
As part of the construction management, the construction manager is in any case called upon to relate to all parties interested in the works for the purposes of overall coordination, as well as with the contracting authority.
The professional must verify the adoption of all the appropriate security measures provided for in the specific plan, in compliance with Legislative Decree no. 81 of 2008. In particular, the action will take place through the verification, control and coordination of the companies involved in the works, in application of the safety and coordination plan, the operational safety plan and any additional documents. The same is required to inform the client (merit service) about the start of the work, for the purposes of preliminary notification. It is also required to periodically communicate on the progress of the activities for which it is responsible, at least monthly, except for what is deemed necessary to further report. Appropriate information, again for safety purposes, is required from any “employers” (manager – manager), guests and / or users of the structure during the works.
The professional is required to promptly notify the administration of any non-compliance with the safety plan prepared and accepted by the contractors of the works, as well as to adopt and have all the necessary precautionary measures taken against non-compliant companies.