The Tribune

The government is moving swiftly to develop the regulations that will underpin the Construction Contractors Act and bring it into force, the contractors’ registrar promised yesterday.

Omar Archer, in a statement, urged contractors to be patient as the government was determined “to get this right the first time”. He added that the Attorney General’s Office and Elsworth Johnson, minister of state for legal affairs, were now working with the Ministry of Works to develop the necessary regulations, and accompanying policies and procedures.

The contractors’ registrar also moved to clarify that the minister of works, who has ministerial responsibility for the construction industry, will be responsible for making regulations.

Mr Archer said some members of the Bahamian Contractors Association (BCA) and Move Forward Contractors Association (MFCA), the two industry bodies, had incorrectly believed the Construction Contractors Board would fulfill this task.

“I found that persons were of the opinion that, once the board is established, that the board would draft the regulations, policies and procedures,” Mr Archer said. “However, section 40 of the Act clearly states: ‘The minister, on the advice of the board, shall make regulations’.”

He added that the board, which will self-regulate the construction industry, will help shape the regulations but their ultimate crafting will be the government’s responsibility.

“Once the initial draft has been completed, then that will be presented to the board and the various contractors associations along with other government entities that are directly or indirectly concerned with construction for a 30-day consultation period,” Mr Archer said of the regulations. “When the consultation period is completed, then it goes back to the Attorney General’s Office for final amendments.”

Mr Archer added that he planned to consolidate the 22 groups of contractors listed by the Act into four groups - building contractors, civil works contractors, electrical contractors and mechanical contractors.

Contractors will also be placed in a tier system, from one to four. Their ranking will be decided by an accreditation committee and, through this, builders will gain experience via training seminars and trade exhibitions. They will, for the first time, be recognised locally and internationally as licensed building contractors.

“The Construction Contractors Board, once established, will provide specific and expedient remedies for complaints through a disciplinary board that could suspend or revoke the license of a contractor and/or impose fines,” Mr Archer said.

“On October 28, 2018, my office received a list of potential board appointees. These are individuals who have been nominated by both the BCA and MFCA for the minister’s consideration. My office engaged in a two-month vetting process prior to forwarding such names to the minister’s attention in early January of this year.”