Introduction to the Builders Law-

Industry Context- Over 600 companies have a Trade and Business License as a Contractor Development Industry Contributed approx. $93,286,000 in 2014 to the Cayman Islands GDP (source- eso.ky) Employed approximately 3,924 persons in 2015 (source- eso.ky)

Purpose- Consumer and Business Protection- ensure that business entities are qualified and competent to deliver works for which it has contracted, ensure that a level playing field for business entities, and ensure that the public will not sustain economic loss resulting from the contractor’s inability to meet lawful obligations under any relevant contract or undertaking. Strengthen the construction industry- enhance competency and service delivery quality.

Establishes the Builders Board as the registering entity responsible for ensuring that any registered entity is both qualified and competent, to carry out the scope of works for which they entity is licensed to perform. Board is comprised of 10 members who are representative of the construction industry. Department of Planning serves as the administrative arm of the Board. Administration-

Registration Categories- To provide for the registration of businesses entities and qualified individuals into one of five categories- General Contractor Building Contractor Residential Contractor Civil Engineering Contractor, and Trade Contractor

Registration Categories- General Contractor- a business entity which performs any type or description of construction, other than civil construction. Building Contractor- a business entity which constructs commercial, industrial, institutional, residential or other buildings, including their ancillary buildings, none of which exceed three storeys or 25,000 square feet. Residential Contractor- a business entity which constructs, repairs, renovates, extends or improves any building comprising up to four dwelling units, not exceeding three storeys in height, and their ancillary buildings.

Registration Categories- Civil Engineering Contractor- a business entity which builds roads, bridges, docks, utilities infrastructure and other similar constructions. Trades Contractor- a business entity which does not fall under the purview of general contractor, residential contractor, building contractor, or civil engineering contractor but which includes other works such as site works contractor, concrete and masonary contractor, metal works contractor…. etc.

Qualifications and Competencies- Qualified Individual- the individual who possesses the necessary skills and competencies to undertake the category of work for which the business entity is registered. Criteria- successfully passing a written examination, or satisfying the Board that he or she is capable of undertaking the category of work for which the entity is applying, demonstrate financial responsibility and professional reputation, and the ability to ensure that the public will not sustain economic loss resulting from the professional inability to meet lawful obligations under any relevant contract or undertaking,

Qualifications and Competencies- Must be Caymanian Except in instances where a non-Caymanian qualifies to be registered as a qualified individual and has ben employed with a business entity for a period of not less than three years immediately preceding the date of commencement and the business entity does not have in its employment a Caymanian who is qualified to be registered as a qualified individual, the non-Caymanian may be registered as a qualified individual. Where the non-Caymanian’s employment with the business was for a period less than three years immediately preceding the date of commencement the individual may be registered until the first renewal of the business entity’s licence.

Qualifications and Competencies- Business Entity- evidence of compliance with the Health Insurance Law, evidence of compliance with the Workmen’s Compensation Law, evidence of compliance with the Labour Law, evidence of compliance with the National Pensions Law, evidence of the requisite level of Public Liability Insurance, relevant entity experience, appropriate references attesting to the applicant’s competency and general reputation.

Insurance Requirements- Public Liability Insurance Requirements- General Contractor/Civil Engineering Contractor/Building Contractor/ Residential Contractor- $1,000,000 Trades Contractor- $ 200,000 Workers’ Compensation in accordance with the requirements of the Workmen’s Compensation Law

Fees for Business Entities and Qualified Individuals- Application Fee- $75

Enforcement- Permits require the assignment of a registered contractor, Contractors must be registered in order to request inspections, The Builders Law provides for a number of penalties upon summary conviction that range from fines to imprisonment.

For Further Information- Applications – www.planning.ky Builders Board page Contact Person- Ms. Tanya Vasquez-Ebanks Administrative Officer-Builders Board Email- Tanya.vasquez-ebanks2@gov.ky Telephone- 345-244-6515

Discussion and Questions- Contact Details- Haroon Pandohie, AICP Director of Planning Department of Planning Email- Haroon.Pandohie@gov.ky