BAHAMAS - BUILDING & CONSTRUCTION LAW (THE BASICS)

 (A) Building permits

Building permits are granted under the Building Regulation Act for all construction.  In Nassau, application is made to the Ministry of Works.  In the Family Islands, district councils appoint boards which issue building permits for each district.

(B) Building contracts

The internationally recognized forms of building contracts are widely used, especially for larger projects.  For example, the forms of the American Institute of Architects are common for large and medium projects, supplemented to suit local conditions.  There is an ample and varied reservoir of architects, contractors, sub-contractors, and other personnel to take your project from the design concept to ultimate completion.  For smaller projects, such as most home construction, an exchange of correspondence and construction documents, such as the approved plans, is usually sufficient.  Legal advice is also readily available.

 

(C) Completion and formalities

 

A building should be more than 95% complete before it is accepted.  All the remedial or defective work should corrected before practical or substantial completion.  The architect and his consultants check the site and prepare a punch list of work still to be done by the contractor and sub-contractors.

(D) Construction deficiencies and warranties 

 

Provisions relating to deficiencies and warranties are usually covered by the building contract.  It is left to the architect to determine whether the building can be accepted with certain deficiencies.  It is still the contractor’s responsibility to correct those deficiencies within the stipulated time.  Warranties are issued before the architect executes his certificate of substantial or practical completion.  Arbitration is commonly used to deal with construction disputes.  

This post is for your information only and is not intended to constitute a legal opinion.  If you require specific advice, you should contact a Bahamian construction law attorney.  You can contact a construction law attorney in The Bahamas by clicking here.