Kharaim I. Role of a consulting engineer in facility construction and operation during transformation of public administration mechanisms

The dissertation provides the theoretical generalization and a new solution to scientific task as to a study of the role of a consulting engineer in construction and operation of facilities in the course of the transformation of public administration mechanisms. It is established that risk management is directly related to the successful completion of the project, where the consulting engineer is a key actor. Based on the analysis of best practices, it is proven that the involvement of a consulting engineer is possible in two dimensions: at the early stages of the project as a consultant and during construction – as an engineer. It is noted that interpretation of the concept of engineering varies due to its content depending on the specifics and scope of the project. Based on the results of the dissertation research, it provides the author's definition of a consulting engineer as a specialized engineering organization or a specialist providing organizational and consulting support for the design and construction of the works at all stages of its life cycle (from the pre-project stage to the period of operation). It substantiates the necessity of implementing the "consulting engineer" institution in Ukraine during the transformation of public administration mechanisms due to a lack of professional customer service and financial decentralization that brings up to date the need in high-quality project management. Benefits from its involvement are defined in the context of the best practices of investment projects delivery based on the principles of risk management. It systematizes changes to the legislation in terms of involvement of a consulting engineer (definition of a consulting engineer, introduction of the profession, approval of its qualification characteristics, development of assessment, certification system and pricing); identifies basic services of a consulting engineer during the life cycle of the construction project; reveals the importance of a consulting engineer for a balanced risks and responsibilities allocation between the parties to the construction contract and determines its place and role in the system of contractual relations in construction. It is proposed to consider a consulting engineer as a party to the consultancy agreement with the client, and its functions and authority to be also specified in the construction contract. It is noted that such contract shall be concluded in writing in accordance with the general provisions on the services, based on the clauses 901-907 of the Civil Code of Ukraine, with due regard to its paragraph 3. It gives proposals as to improvement of the state policy priorities via creating conditions for involvement of a consulting engineer as a legal person and individual, introduction of internationally accepted forms of a construction contract with his involvement, making engineering services popular. A conceptual model of structural and functional support of state regulation of construction with the involvement of a consulting engineer was developed which is characterized by a systematic combination of four his main fields of activity and interconnected components that will enhance the quality of investment projects, which will help to improve the quality of investment projects. The work contains proposals designed to improve the legislation of Ukraine based on the introduction of the institution "consulting engineer" in terms of determining its place and role in the system of contractual relations in construction; establishment of requirements to it and to the contract concluded between it and the customer of construction; determining the liability of a consulting engineer; expanding the mechanisms of pre-litigation dispute settlement, including the appeal, consulting engineer’s actions or failure to act.