By FAY SIMMONS

Tribune Business Reporter

jsimmons@tribunemedia.net

BAHAMIAN contractors yesterday renewed their plea for the Government to take the final steps to allow the industry to self-regulate and halt ongoing attempts to “build illegally”.

Debbie Deal, a trustee of the Bahamian Contractors Association, called on the Government to appoint the members of the Contractors Construction Board so that licensing, enforcement and regulation can occur under the Contractors Construction Act.

She explained that Prime Minister Philip Davis KC previously indicated the Board would be appointed by September. The BCA has submitted the names of qualified individuals, but the Board has still not been formed.

“We, the Bahamian Contractors Association, have been fighting for the last 60-something years to get the Contractors Construction Act passed, which was done in 2016. But since then, we’ve been waiting on the Government to actually form the Board,” said Ms Deal

“We’ve given our representatives of who we would like to be on it. We’ve even given the Prime Minister, when we met with him in August, the choices that we thought that he could actually put in if he wasn’t sure who they should recommend. He said that everything would be done by August, but it hasn’t been done.” Ms Deal pointed out that the Government has already allocated funding to support the Board’s formation, demonstrating a commitment on paper that has yet to be matched by concrete action.

“On page 151 of the Budget, the $50,000 for the Contractors [Board] has actually been put in. We really need other industries, like real estate, heavy equipment, even BBSQ to help push this Board to be chosen,” said Ms Deal

She stressed that, without the Board, none of the contractors currently working in The Bahamas are officially licensed. This lack of enforcement, she warned, leaves the industry vulnerable to unregulated activity, posing risks to both consumers and professionals alike.

“There’s not a single licensed contractor in The Bahamas, so even though we are still building, we’re basically building illegally, because there is a rule in the actual Act that says you’re not supposed to actually build unless you have a licence, unless you’re registered,” she added

Ms Deal said the construction industry currently operates without any formal standards to ensure contractors meet the necessary professional qualifications and skills required for the work they undertake. 

This absence of regulation, she argued, leaves room for sub-standard work and unsafe building practices, which ultimately harm consumers and tarnish the reputation of the industry as a whole.

“We really need standardization in the construction industry so we could eliminate all the bad stories that we hear about construction flaws and all that kind of stuff,” said Ms Deal.

“Right now, there is nothing that qualifies you to build. Just because you have a Business Licence does not mean you are a builder. Imagine you’re going to go over to Florida shopping. Would you get in that plane if that pilot wasn’t licensed? Would you go to court if the lawyer was not licensed, and a member of the Bar? Would you have open heart surgery if your doctor was not licensed? I don’t think so. But everybody has no problem right now having persons build without licenses, without protection. They have no problem with that.”

The Board’s role is to oversee the licensing and registration of Bahamian contractors and construction tradespersons according to their abilities and the scale of projects they are able to perform. It would also enforce the Construction Contractors Act, passed into law in 2016, imposing penalties and sanctions on those found guilty of misconduct or defective work.

However, the Act has never been enforced due to the failure to appoint the Board, leaving construction as the last major Bahamian profession without self-regulatory powers. The Board will have the authority to fine and discipline rogue contractors, and bring them before the courts.

The BCA can submit the names of six Board members, with a further three appointed by the minister responsible for the construction industry on its advice. The final member of the ten-person Board will be the director of public works.