What to do if the site manager refuses to give the investor the construction logbook?

The construction logbook is one of the most important documents in the investment process. In accordance with the Construction Law, it is included in the construction documentation and constitutes an official document recording the course of construction works and events and circumstances occurring in the course of the works. Entries in the construction logbook may only be made by authorised entities, which include:

• the investor
• investor’s supervision inspector,
• the designer,
• the construction manager,
• the construction works manager,
• persons performing surveying activities on the construction site,
• employees of construction supervision authorities and other authorities authorised to inspect compliance with regulations on the construction site – as part of their inspection activities.

Upon taking over the management of the construction site, the construction manager becomes responsible for the proper maintenance and storage of the construction logbook on the construction site. It should be emphasised that although the construction manager is responsible for the construction logbook, he does not have the right to dispose of it exclusively. Therefore, removing the construction logbook from the construction site, refusing to hand it over to the investor, storing it in a manner that prevents access to the document, or refusing to make it available for entries to be made by other authorised persons, are considered unlawful and unacceptable.

In order to avoid serious consequences leading to delays in the implementation of the investment and formal problems during its acceptance, appropriate steps should be taken to recover the construction logbook, including:

• attempt to resolve the matter amicably by contacting the site manager to determine the reason for withholding the construction logbook;
• a formal written request, including the legal basis and consequences of not releasing the document, which is a key step if an amicable solution to the problem is not successful;
• reporting the matter to the building supervision authority, which may carry out an inspection and order the release of the documentation (in the event of gross violations, the manager may be held professionally liable);
• referring the case to court by bringing a civil action for the release of the construction logbook, together with a request for security (in the event of delays in the investment, compensation may be claimed for damages incurred, and if the court rules in favour of the investor but the construction manager still fails to return the document, bailiff enforcement may be requested).

The reliable keeping of the construction logbook by the construction manager is one of his most important duties, the violation of which leads to professional, civil and criminal liability.