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    Employers Agent

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    hidayatiamminy
    The document discusses the roles and responsibilities of an employer's agent in construction projects. It covers: 1) An employer's agent acts on behalf of the employer to oversee design, contract administration, and supervision of construction works. They have implied duties to act reasonably and without negligence. 2) As a contract administrator and independent certifier, the agent must act impartially between the employer and contractor. They can be liable for negligent acts or misstatements that breach the contract. 3) The agent has limited authority defined by the contract. They cannot bind the employer to variations or contracts without proper authority. They must provide reasonable supervision and instructions to contractors to ensure works comply with contracts.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Employers Agent

    Uploaded by

    hidayatiamminy
    105 views19 pages
    The document discusses the roles and responsibilities of an employer's agent in construction projects. It covers: 1) An employer's agent acts on behalf of the employer to oversee design, contract administration, and supervision of construction works. They have implied duties to act reasonably and without negligence. 2) As a contract administrator and independent certifier, the agent must act impartially between the employer and contractor. They can be liable for negligent acts or misstatements that breach the contract. 3) The agent has limited authority defined by the contract. They cannot bind the employer to variations or contracts without proper authority. They must provide reasonable supervision and instructions to contractors to ensure works comply with contracts.

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    The document discusses the roles and responsibilities of an employer's agent in construction projects. It covers: 1) An employer's agent acts on behalf of the employer to oversee design, contract administration, and supervision of construction works. They have implied duties to act reasonably and without negligence. 2) As a contract administrator and independent certifier, the agent must act impartially between the employer and contractor. They can be liable for negligent acts or misstatements that breach the contract. 3) The agent has limited authority defined by the contract. They cannot bind the employer to variations or contracts without proper authority. They must provide reasonable supervision and instructions to contractors to ensure works comply with contracts.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    105 views19 pages

    Employers Agent

    Uploaded by

    hidayatiamminy
    The document discusses the roles and responsibilities of an employer's agent in construction projects. It covers: 1) An employer's agent acts on behalf of the employer to oversee design, contract administration, and supervision of construction works. They have implied duties to act reasonably and without negligence. 2) As a contract administrator and independent certifier, the agent must act impartially between the employer and contractor. They can be liable for negligent acts or misstatements that breach the contract. 3) The agent has limited authority defined by the contract. They cannot bind the employer to variations or contracts without proper authority. They must provide reasonable supervision and instructions to contractors to ensure works comply with contracts.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 19

    EMPLOYER’S AGENT

    by

    Abdul Izz Bin Mohamad Kamil


    Employer’s Agent

    ■ Construction Professionals
    ■ Contractual Duties
    ■ Contract Administration
    ■ The Design Professional
    Construction Professionals

    ■ Design Building Professionals


    Construction Experts
    ■ Contract administration Consultants

    ■ Translate briefs into ARCHITECT


    designs ENGINEER
    or Other
    ■ Supervise construction professionals
    Contractual Duties
    ■ design, ■ bye-laws and rights of
    adjoining owners,
    ■ examination of site,
    ■ excess of cost over
    ■ delivery of drawings,
    estimates,
    ■ information and instructions
    ■ preparation of quantities,
    in time,
    ■ recommending form of
    ■ instruction as to methods of
    contract,
    working and temporary
    works, ■ supervision,
    ■ special duties in regards to ■ administration of contract,
    nomination,
    ■ comprehensive design,
    ■ knowledge of legislation, surveys etc.
    building regulations,
    Their Liability & Risks

    Expectation and Demand for Reasonable


    Degree of Skills and Care

    Contractual
    Professional
    Expectation for Duties
    Negligent Negligence
    Professionalism
    Misstatement
    Kensington &
    Bolam v Friern
    Wimpey Chelsea AHA v
    Hedley Byrne v Hospital
    Construction Wettern
    Heller (1964) Management
    (UK) Ltd v Poole Composite Ltd
    (1957)
    (1984)
    AS AGENT

    ■ As Agent, it is an
    implied warranty that
    the whole responsibility
    is in the hand of the
    Agent, thus impliedly
    warrant a demanded
    level of duty and care,
    in which a negligent act
    in the part of the agent
    may induce breach in
    the part of the
    Employer
    Contract Administrator

    Typically ARCHITECT ENGINEER or


    other appointed professionals act as
    ■ Employer’s Agent
    ■ Independent certifier

    Sutcliffe v Thackrah (1974)

    Merton v Leach (1985)


    AS CERTIFIER

    ■ Employer will leave the


    appointed professional
    to perform his duty
    professionally, thus
    authorizing them to
    exercise their duty with
    reasonable
    professional discretion.
    No improper
    interference by the
    employer should
    happen.
    Agent of the Employer

    ■ By name: Superintending Officer (S.O), Architects,


    Employer’s Representatives, Employer’s Agent
    ■ Not a party to the contract, but must act purely
    reasonably in the interest of the Employer (as agent)
    ■ Any act may cause liability to the Employer; breach of
    contract (as certifier)
    ■ Can still be liable as an independent party if acting
    outside the authority given
    ■ Authority given, as per contract (e.g. PAM 2006)
    Employer’s Agent:
    Liabilities
    Delegation of Authority and Specialist

    ■ Vicarious liability applies


    ■ Cannot delegate responsibility of high
    importance to avoid liability, but can
    delegate

    Merton v Lowe (1981)

    Moresk Cleaners Ltd v Hicks (1966)


    Employer’s Agent:
    Liabilities
    Duties and Extent of Powers of the
    Superintending Officers
    ■ Limited authority
    ■ No power to accept tender, approve subcontracts,
    varying, waiving or dispensing with any conditions
    of contract or dismissing contractors

    Vigers v Swindell (1939)

    GPN Ltd v O2 (UK) Ltd (2005)


    Employer’s Agent:
    Liabilities
    As to Variations and Contract
    ■ No express power to order variation or any
    other instructions or bind employer to
    accept contract/ subcontract

    Sharpe v Sao Paolo Brazillian Railway co. (1873)

    Cooper v Langdon (1841)


    Employer’s Agent:
    Liabilities
    Inspection and Supervision of the Works
    ■ Reasonable Supervision
    ■ Allow contractor to carry out duty and make
    sure it has been perform in accordance with
    the contract; not to the extent of how to do
    it.
    East Ham Corporation v Bernard Sunley & Sons Ltd.
    (1966)

    Sutcliffe v Chippendale and Edmonson (1971)


    Employer’s Agent:
    Liabilities
    Information and Instructions to the Contractor
    ■ Implied obligations to provide drawing and
    info; comply with either expressed or
    implied requirements
    ■ To avoid claims for damages by contractor

    Neodox Ltd v Swinton and Pendelebury (1958)

    Royal Brompton Hospital v Hammond (No. 4) (1999)


    Employer’s Agent:
    Liabilities
    Advice to Employer

    ■ In recommending contractors; liability


    attached

    Pratt v George Hills Assoc. (1987)

    Partridge v Morris (1995)

    Nye Saunders & Partners v Bristow (1987)


    Employer’s Agent:
    Liabilities
    Monitoring of Construction Works
    ■ Supervisory duties; ensure works in
    accordance to contract

    Imperial College of Science & Technology v Norman


    Dawbarn (1987)

    Clay v Crump (1964)


    Impartial & Independent
    Professionals
    ■ Liability as Certifiers
    ■ Fairness in Contract Administration
    ■ Liability to Contractors
    The Design Professional

    ■ Reasonable Standard of Skill and Care


    ■ Fitness for Purpose
    ■ Delegation of Design Duties
    ■ Continuing Duty to Review his Design
    ■ Novel and Risky Design
    END OF
    LECTURE
    Next Lecture
    Tender and Contract Documents

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