This month’s contract clinic question comes from a construction client worried the employer’s agent is siding with the late-running contractor. Hakan Ozsoy responds.
The question
We are the employer on a small residential development. We believe our employer’s agent (EA) is failing to deliver his duties and favouring the views of the contractor, which is in delay, rather than working to ensure the on-time delivery of the project. What are our rights? What would you recommend as a route for remedy?
The answer
The role of the EA, particularly under contracts like the JCT Design and Build (2016), holds a central role in ensuring the smooth execution of a project. As an employer, you’ve entrusted your EA with critical responsibilities to oversee the contract. When a relationship breaks down due to underperformance or breach of duty, it can jeopardise your entire project. Understanding your rights and available remedies is essential for swift and effective action.
Understanding the EA’s duties
According to RICS Practice Information, an EA acts on behalf of the employer in all matters while maintaining impartiality in certification and decision-making functions. To start, you should review your appointment document or consultancy service agreement (assuming you have one). This will help you understand duties, performance expectations and reporting obligations.
Read the full article here in Construction Management Magazine
If you need support with a related matter, get in contact with the Decipher Team