113 Architecture questions - Can an architect also be an executor?
Can an architect also be an executor?
Civil engineers are authorised to plan, inspect, supervise, advise, coordinate, mediate and act as trustees in their respective fields.
The powers and authorisations of civil engineers are regulated in the Civil Engineers Act. Performing activities in your area of specialisation are excluded in §3 (4).
It should also be noted in public procurement law that a consortium of civil engineers with master builders is only permissible if the master builder's authorisation is restricted to planning activities. The fact that the master builder merely does not carry out executive activities is not sufficient; he must not actually be authorised to do so.
If the executing and planning services are tendered together, the executing company and the civil engineer may not bid as a bidding consortium. The civil engineer may also not tender alone as a bidder (with the construction company as a subcontractor) because he is not authorised to take on any executive services. The only permissible way is for the civil engineer to participate in the award procedure as a subcontractor of the construction company.
The consistent separation of planning and execution is a key point in ensuring the quality and independence of civil engineers
