37º IAHS World Congress on Housing: - Universidad de Cantabria

XXXVII <strong>IAHS</strong><strong>World</strong> <strong>Congress</strong> on HousingOctober 26 – 29, 2010, Santander, SpainCODE: 822THE NEED FOR LEGAL REGULATION IN SPAIN ABOUTTHE FIGURE OF PROJECT & CONSTRUCTION MANAGER(1) Jaime Rubio Landart (2)Manuel José Soler Severino(1)PhD Architecture. Full Professor, ETSAM-UPM(2)Architect. Associate Professor, ETSAM-UPMDepartment of Construction and Technology in ArchitectureTechnical School of Architecture of Madrid - ETSAMTechnical University of Madrid - UPMe-mail: manueljose.soler@upm.esKey words: Project Manager, Construction Manager, Integral Project DirectorAbstractThe figure of Project Manager in building has exponentially grown in Spain since 1990, whenit first was introduced by foreign Multinational Corporations due to their international clients’demands to be able to make buildings in the image and likeness of the steps followed in theirorigin countries, to present (2010). Legal regulation is nonexistent in spain. The Building Act(Ley de Ordenación de la Edificación) does not include the figure as an agent with a personalidentity, nor does it states its duties and obligations.If the main construction projects are carried out with the incorporation of a Project Manager,why is this not legally regulated?If the Public Administration incorporates the services of Project Manager in certain contracts,why is this not legally regulated?In this article we intend to give an approach and serve as a starting point for a possible debateover its incorporation in the Building Act (Ley Orgánica de Edificación - LOE), as anindependent agent, with its duties, obligations and responsibilities, which is why we intend togive it a name in Spanish, as well as attributions connected with its task in building.To this end we have analyzed the preliminary data provided by a joint research from theETSAM and the AEDIP, with the help of M. Pedro Dubié, secretary of the AEDIP (SpanishAssociation for Integrated Project Management), employer organisation composed of themain firms carrying out this activity in Spain, as well as a study commissioned by theprestigious English law firm CLIFFORD CHANCE, as a basis to raw conclusions that can beimplemented in the Spanish regulation based on the Building Act from 1999.The conlusion is to offer with this research a possible draft for its subsequent discussion andthat it facilitates the need to regulate this figure, so in demand in the Spanish market.37º <strong>IAHS</strong> <strong>World</strong> <strong>Congress</strong> On Housing Science 286