Contract Practice L2

Question 1

What are the core duties of an Employer’s Agent under JCT Design & Build 2016?

Answer 1

As Employer’s Agent, my role is to administer the contract on behalf of the Employer in accordance with its terms. This includes issuing instructions, managing the design submission procedure, administering payment, assessing changes, monitoring progress, certifying completion and defects, and advising the Client on contractual implications. While I act for the Employer, I must administer the contract fairly and in accordance with the contract, ensuring neither party is unfairly disadvantaged.

Question 2

How does the Design Submission Procedure operate under JCT D&B 2016?

Answer 2

The Contractor submits design information for review in accordance with the agreed design submission schedule. The Employer’s Agent reviews submissions for compliance with the Employer’s Requirements, not to assume design responsibility. Submissions may be accepted, accepted with comments, or rejected. Failure to obtain acceptance does not relieve the Contractor of design responsibility, but non-acceptance may prevent the Contractor from proceeding with the affected works.