4. National Construction Authority Regulations, 2014

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· The Regulations were published in the Gazette Notice on 6 June 2014 vide Legal Notice No. 74 of 2014.

· Part II of the Regulations provides details on the process of registration of contractors. Regulation 5 provides that a person who qualifies for registration shall be issued with a Certificate for Registration issued by NCA.

· Regulation 6 exempts skilled construction workers or construction site supervisors carrying out construction works specified in the proviso to section 16(1) of the Act from registration as a contractor.

· Under regulation 9, foreign contractors are only limited to category one (NCA 1) which are issued to contractors with the largest capacity and who can perform contracts of unlimited value. The other 7 categories (NCA 2-8) are restricted to local contractors.

· Regulation 17 requires all construction works, contracts or projects in both the public and private sector to be registered with the NCA, within 30 days of award of tender for such construction. The NCA is required to register the project, if all is in order, within 30 days of such application for registration. Within 30 days of registration of the project, the owner of the construction works must submit to NCA information relating to the issuance of a completion certificate; whether the contract is renewed, or the contract period is extended; whether the contract is terminated or cancelled and whether all payments to the contractor have been settled. Under Regulation 17(8), where there has been initiated arbitration or legal proceedings in relation to construction works the owner must notify the NCA within 30 days of commencement of such proceedings.

· Regulation 18 requires the owner to appoint any representative who is to act as a contact person with NCA for purposes of liaising with NCA on the construction works and inform the NCA whenever such persons cease from acting.

· Part V provides for accreditation and certification of construction workers. Regulation 19 requires the NCA to accredit and certify all construction workers and construction site supervisors that meet the stipulations under regulation 22, which accreditation is valid for 3 years subject to renewal.

· Regulation 25 mirrors section 31 of the Act by imposing a construction levy. Under regulation 26, every owner of a construction project which has a value of above 5 million shillings is required to notify the NCA in a prescribed form for purposes of payment of the levy. The NCA then notifies the owner of the amount of levy payable within 14 days, which levy must be paid before commencement of contract works. A levy remaining unpaid for 3 months is recoverable summarily as a civil debt and entitles the NCA to suspend, cancel or revoke the registration of a contractor.

Part VII of the regulations provides for enforcement following a complaint or a violation of the Act, regulations or the Code of Conduct. The NCA conducts its own investigations and takes appropriate actions.