When builders switch to an electronic construction diary, they sometimes ask us: "Is it okay if the construction manager signs the journal entries electronically? Doesn't this require a certified electronic signature?" That's fine and a certified signature is not needed. Details and explanations from legal specialists can be found in the article.
As soon as the construction manager fills in the daily entry in the electronic construction diary, he confirms his entry with a signature. In Stavari, you will find a form for these purposes in the left part of the electronic diary. The person simply "draws" the signature with a cursor or finger if they are on a touchscreen device. In this way, the record is considered signed and the construction manager guarantees the truthfulness of the information.
It works the same way on the investor's side. Once he has reviewed the entries in the diary, he approves them electronically with his signature.
Czech legislation refers to this simple method of electronic signing as simple electronic signature. You simply draw the signature in the digital interface, send it and it's done.
A more complicated method, which you will encounter, for example, when communicating electronically with the authorities, is called certified electronic signature. With it, you attach your unique signature key to the document being signed, which can be used to verify that you really signed the document. Both the signature key and the certificate must be issued to you by a certification authority, and the whole process is significantly more complicated than with a simple electronic signature.
Among the builders there are myths about the fact that authorized persons must sign the electronic building log with a certified signature, and that a simple signature is not enough. According to the law firm HAVEL & PARTNERS s.r.o., with whom we consulted on the subject, the requirements for signatures in the electronic building log are as follows:
Translated for us, builders: In Stavario and in other electronic building diaries, therefore, in the vast majority of cases, a simple electronic signature is sufficient.
However, according to the lawyers from HAVEL & PARTNERS, there are exceptional cases when the registration process is more complicated, depending on who signs the entry in the diary. We will therefore summarize for you all situations that may arise from the point of view of the validity of an electronic signature.
1. The diary is signed by persons not exercising administrative supervision and not subject to special legal regulations
The vast majority of records fall into this situation. If the diary is signed by the construction manager, builders, investors or technical supervisor, a simple electronic signature, which is enabled by Stavario, is enough for them.
2. The diary is signed by persons performing administrative supervision according to special regulations, who do not attach a stamp to the signature
In this case, it is, for example, an employee of the state administration. According to lawyers from HAVEL & PARTNERS, these people must sign their entry with a qualified electronic signature. This is not possible in electronic building logs, but Stavario offers an alternative way:
3. The diary is signed by authorized persons according to the Authorization Act, who attach a stamp impression to the signature
This situation occurs when an entry in the diary is made, for example, by an employee of the Czech Chamber of Authorized Engineers and Technicians - i.e. an authorized specialist, who must provide his entry with a handwritten signature and a stamp with the national emblem.
According to the attorneys from HAVEL & PARTNERS, in these situations, the construction manager must request an authorized electronic conversion of the document (for example, at the Czech POINT branch), which he then inserts into the application. But from July 1, 2023, authorized persons will be able to act fully electronically, so the process will be simpler.
We asked the HAVEL & PARTNERS law firm to assess whether Stavario is a suitable solution for keeping an electronic construction diary, including signatures. And the application met the complex legislative conditions perfectly:
"The application is a suitable solution for keeping a construction diary in electronic form and meets the basic content requirements according to generally binding legal regulations."
The lawyers also mention the new construction law, which allows for electronic construction logs and will facilitate digitalization in the construction industry: "The upcoming legislation, especially the new construction law, will preserve the possibility of keeping the construction logbook fully electronically and will probably further deepen and facilitate the digitization of the construction industry."
If you haven't used an electronic construction diary yet, try Stavario for free. In addition to making it much easier to fill in the diary, you will also get better supervision of the builders and tools, make the progress of the construction clearer and save costs.