Construction documentation – from agreement to handover

A significant part of the basis for the later construction project is already created in the tender and bid phase. Tender documents, bids, reservations, specifications, drawings, models and subsequent clarifications can all affect what the parties have actually agreed. What matters is not only keeping the documents, but knowing which documents apply and what they mean for the subsequent execution.

AB 18, ABT 18 and ABR 18 are standardised contract conditions – not law – which only apply when they have been agreed between the parties (§ 1(1)). Deviations only apply when the agreement clearly and expressly states the points on which it deviates (§ 1(2)). Before the contract is signed, you should have control of the applicable documents and their order of precedence, deviations, design responsibility and interfaces, revisions, changes, notification, control and documentation requirements, milestones and handover.

AB 18 § 6(3) (ABT 18 § 6(3)) sets an order of precedence between the contract documents in the event of conflict between them, but it does not resolve conflicts within the same type of document – for example between a drawing and a specification. It is therefore a good idea to agree a project-specific order of precedence.

A classic pitfall is to focus on price and scope but overlook provisions that shift risk, liability or the obligation to document.

The contract governs the relationship between the parties, but cannot in itself make a building lawful in the eyes of the authorities if the relevant public-law requirements are not met. Under the Danish Building Act (byggeloven § 17(1)), it is at all times the owner’s responsibility to rectify conditions that contravene building legislation.

Once construction starts, documentation becomes part of the practical management of the project. Drawings, specifications, models and technical instructions must be linked to the work actually being carried out. A piece of work can be correctly executed in terms of workmanship and still be wrong if it was carried out to an outdated revision.

A standard checklist is a good starting point, but does not in itself document that the actual work has been carried out correctly. A useful check should show:

• what was checked
• which project basis it was checked against
• which acceptance criterion applied
• when the check was carried out
• what the result was
• who carried out the check

The goal is traceable documentation.

For load-bearing structures, chapter 28 of BR18 sets specific documentation requirements, depending on the building’s structural class (KK1-KK4). The final documentation must be consistent with the finished building – including changes made during design and execution (BR18 § 494(3)).

The structural documentation consists of construction documentation (A1-A5, including A4 Structural changes (Konstruktionsændringer) and A5 Construction as built (Konstruktion som udført)) and project documentation (B1-B3, including B2 Structural control plan (Statisk kontrolplan) and B3 Structural control report (Statisk kontrolrapport) for both design and execution), cf. BR18 §§ 501-502.

For load-bearing structures, chapter 30 of BR18 (§§ 523-528) sets requirements for control of both the documentation and the execution. In structural class 1, only self-inspection is required; in structural classes 2-4, independent control is also required, and in structural class 4 third-party control as well.

Control must be carried out on the basis of adequate control plans, which are updated on an ongoing basis, and any deviations found must be dealt with (BR18 § 523).

BR18 § 527(6) refers to DS 1140, Execution of load-bearing structures – General control (Udførelse af bærende konstruktioner – Almen kontrol), when the control level for the general control of execution is to be determined. Special control, by contrast, is determined during design in accordance with DS/EN 1990 DK NA. Ordinary quality assurance and control under chapter 30 of BR18 and DS 1140 are therefore not automatically the same thing.

It should be possible to trace a change:

• What was changed?
• Why?
• Who initiated the change?
• Which document was changed?
• Which revision now applies?
• Does the change affect time, cost or documentation?

A useful process follows these steps:

1. Observation
2. Requirement/reference
3. Assessment
4. Action
5. Documentation
6. Control
7. Closure

A photo of a defect documents the observation, but not necessarily what happened afterwards.

Depending on the project, the handover material may include quality assurance, control reports, tests, product and material documentation, as-built, structural documentation, fire documentation, O&M and recorded defects and remedial work. Documentation should be completed on an ongoing basis – not reconstructed just before handover.

In structural classes 2-4, the completion notice (færdigmelding) must include, among other things, the certified structural engineer’s final declaration and a declaration that the general control of execution has been carried out and deviations dealt with (BR18 §§ 41 and 499).

It should be possible to document:

• what was found
• when
• which requirement is alleged to have been breached
• when and to whom the complaint was made
• what was agreed about remedying the defect
• whether the remedial work was checked

Under AB 18, the client calls an inspection no later than 1 year after handover and again before 5 years after handover (AB 18 §§ 56-57; ABT 18 §§ 54-55).

Contractual liability periods, notice of defects and actual limitation must be kept separate:

• Notice of defects: A defect that becomes apparent after handover must be notified in writing within a reasonable time after it has been or should have been discovered (AB 18 § 49(2); ABT 18 § 47(2)).
• Liability period: Claims arising from defects must be made no later than 5 years after handover (AB 18 § 55; ABT 18 § 53). The time limit is absolute, but does not apply, among other cases, in the event of grossly irresponsible conduct, or if it is established at handover that agreed quality assurance has failed significantly.
• Limitation: The limitation period under the Danish Limitation Act is 3 years and runs at the earliest from when the defect was or should have been discovered – although limitation occurs no later than 10 years after the breach (Forældelsesloven §§ 2-3).

The specific contract, the notice of defects and the Limitation Act (Forældelsesloven) must be assessed together.

On a well-documented construction project, you should be able to answer the following at any time:

The strongest documentation is normally created at the same time as the action it documents. A coherent documentation chain makes it possible to follow the construction:

1. Requirement
2. Agreement
3. Design
4. Execution
5. Control
6. Change
7. Handover