Employer’s Agent: Design and Build Flashcards
(33 cards)
What legal duty does the employer’s agent owe to the employer?
A fiduciary duty to act in the employer’s best interests and prevent contractual breaches.
How should conflicts of interest be managed by an employer’s agent?
With a strict plan and written acceptance from both parties.
What is the employer’s responsibility to the employer’s agent?
To provide authority, timely decisions, payments, and full project information.
What must be provided before issuing a practical completion statement?
All works completed, minimal defects only, and full O&M manuals and documentation.
What is the difference between sectional completion and partial possession?
Sectional completion is planned in advance; partial possession is early handover with contractor consent.
What are the two JCT D&B payment options?
Alternative A (stage payments) and Alternative B (periodic payments).
What is the employer’s agent’s duty regarding pay less notices?
To issue them impartially, clearly stating reasons and calculations.
What triggers a liquidated damages deduction under JCT D&B?
Non-completion notice by the employer’s agent and written notification by the employer.
What is the employer’s agent’s role during construction?
To act on the employer’s behalf, check compliance, issue instructions, and manage payments.
What should the employer’s agent include in an instruction?
Reference to contract clause, parties, site details, and full description of the instruction.
What is a ‘change’ under JCT Design and Build?
An alteration to the employer’s requirements affecting design, quality, quantity, or restrictions.
When should an employer’s agent ideally be appointed?
At tender stage or later, but before contractor appointment.
What three sections should the employer’s agent service agreement be divided into?
Pre-construction, construction, and post-construction.
What is the difference between an employer’s agent and a project manager?
The employer’s agent acts as the employer under the contract; the project manager manages the delivery of the project.
What is the main purpose of the RICS Employer’s Agent in Design and Build guidance?
To define the role and responsibilities of the employer’s agent in JCT Design and Build contracts.
What is an employer’s agent under a JCT Design and Build contract?
A person appointed by the employer to act on their behalf in administering the contract.
When does the employer retain responsibilities even with an employer’s agent?
For site possession, payments, and issuing notices relating to liquidated damages.
What are typical employer’s agent duties before contractor appointment?
Establishing project control procedures, preparing tender docs, assessing tender returns, arranging interviews, advising on discrepancies, and coordinating insurance and legal documents.
What role might the employer’s agent play during a two-stage tender process?
Facilitating design development, guiding selection of design options, and ensuring compliance with the employer’s requirements.
At what three stages might an employer’s agent be appointed?
Concept/design stage, Tender stage, Contract stage.
How should the employer’s agent act during construction?
As the sole representative of the employer, checking compliance but not managing the contractor’s team or interfering in design execution.
What insurances must the employer’s agent check are in place?
Employer’s liability, public liability, contract works insurance, and professional indemnity (as specified).
What is the employer’s agent’s role regarding project control documents?
Define communication, change, and quality processes—but avoid inserting approvals that interfere with contractor responsibilities.
