The inclusion of construction sites in the case of temporary associations and consortia
One of the most relevant points of the new FAQ concerns the management of construction sites by ATI and consortia, with particular attention toentering data into the CNCE_Edilconnect system. When jobs are awarded pro quota to the companies making up a ATI, this is the agent who must insert the construction site into the system, specifying the other entrusted companies and their respective shares of work.
This process, however, it does not exempt individual businesses members of the ATI from complying with the adequacy obligations. In case of failure to achieve congruity, in fact, the verification will be carried out individually on each company, based on the share of work entrusted to it.
Operationally, each sending company will have to insert your own construction site into the systemindicating the type of work with the wording “C – WORKS ASSIGNED” and the related amount and request a separate attestation of congruity at the end of the works.
This system guarantees that each company participating in a ATI can be assessed independently, based on the portion of work actually carried out, preventing collective liability in the event of failure to comply with the adequacy requirements.
The role of the consortium company
If the ATI decides to entrust the execution of the work to one consortium companythe latter will be responsible for achieving congruity. In the event that the consortium company uses the manpower of the companies making up the ATI, the reports and payments from the latter will contribute to the calculation of the overall adequacy of the work.
In the case of stable consortiahowever, the consortium itself will be considered the assignee of the contract with the client and, consequently, will be the subject responsible for achieving congruity.
Work in direct administration of public companies
The CNCE FAQ also clarifies the obligations relating to construction works carried out under direct administration by a special public companya topic of particular interest for local administrations and companies involved in public procurement.
According to what has been established, the construction works carried out under direct administration by a special public company, with the use of its own workers, duly registered with the Building Fund, are subject to verification of adequacy.
Congruity, in fact, concerns the impact of the manpower used in carrying out the construction works, regardless of the nature of the person carrying out the work. In this case, it will be the special public company that will have to report the works via the CNCE_Edilconnect platform through the New Work Report (DNL).
