We are experienced and enjoy taking on the role of Employers Agent under Design and Build contracts.
We work with due consideration of the published Employer’s agent: design and build RICS guidance note, which was the result of a long development process.
The purpose of the note is to prevent any confusion by providing clear and comprehensive professional guidance and recommendations to anyone who acts as an employer’s agent on a JCT Design and Build Contract, or in Scotland, on an SBCC Design and Build Contract.
This guidance note considers the role and responsibilities of the employer’s agent and other non-core pre-contract activities.
This guidance note includes:
- definition of employer’s agent
- commencement of the role
- competence, technical ability and experience
- appointment documents/service agreement.
The agent’s role is demanding but relatively straightforward : they act on behalf of the employer in all matters, unless the employer states expressly in writing to the contractor that they would like to act for themselves, or to appoint others to act for them on certain aspects of the contract.
Having said that, there are certain actions that will always remain the responsibility of the employer:
- providing possession of the site, as this belongs to the employer
- making payment to the contractor in compliance with payment notices; the employer and the contractor are the contracting parties, so no one else can pay the contractor.
- issuing a notice to the contractor following a non-completion notice, stating that the employer may require payment of, or may withhold or deduct, liquidated damages. The role of the employer’s agent is to issue payment notices without deduction for liquidated damages, although the employer’s agent must advise the employer of their rights and responsibilities in this respect.
The guidance note also compares the seemingly similar but in reality very different roles of the architect or contract administrator under other JCT contracts, as well as the project manager under the NEC contracts, thus identifying the unique role the employer’s agent plays.
How to contact us
Thank you for visiting our website. If you would like to discuss your project or a related issue, I would be delighted to hear from you on email firstname.lastname@example.org or on 0141 562 7502.
Craig Connelly LL.M MRICS