{"id":501,"date":"2021-06-07T22:29:47","date_gmt":"2021-06-07T22:29:47","guid":{"rendered":"http:\/\/legalblog.ie\/?p=501"},"modified":"2021-06-08T20:51:14","modified_gmt":"2021-06-08T20:51:14","slug":"contractor-administrator","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/contractor-administrator\/","title":{"rendered":"Contractor Administrator"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/contractor-administrator\/#Administrator_and_other_Roles\" title=\"Administrator and other Roles\">Administrator and other Roles<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/contractor-administrator\/#Inspecting_the_Works\" title=\"Inspecting the Works\">Inspecting the Works<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/contractor-administrator\/#Certificates\" title=\"Certificates\">Certificates<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Administrator_and_other_Roles\"><\/span>Administrator and other Roles<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Building and engineering contracts of any significant scale, provide for the appointment of an architect, engineer, or other professionals to administer the contract. \u00a0In the context of building contracts, an architect usually administers the contract. \u00a0Architects are commonly appointed under standard RIAI terms of engagement.\u00a0 His obligation is not to be on the site constantly but to make such visits as are reasonably necessary.<\/p>\n<p>In engineering and other contracts, an engineer may be the administrator. Commonly the person who is the contractor administer has designed the work. \u00a0This is not necessarily so, however.<\/p>\n<p>The contract administrator generally has power under the contract to bind the employer in respect of certain matters. \u00a0The agency is generally restricted to the scope of the contract itself unless there are specific circumstances to otherwise indicate. General principles of the law of agency apply outside the scope of specific authority granted by the contract.<\/p>\n<p>Standard forms of building contracts may allow for the appointment of persons to roles such as project managers, supervisors, quantity surveyors, site inspectors or clerks of works. \u00a0They may be appointed by the employer after consulting with the contract administrator.<\/p>\n<p>An employer may wish to appoint a clerk or works as a site inspector who is onsite to act on behalf of the contractor administer on an ongoing and permanent basis. Matters of detail are generally within the scope of the clerk of work\u2019s responsibility while the architect was more responsible for more general design matters.<\/p>\n<p>Powers and Duties<\/p>\n<p>Contract administrators are usually given power under standard contracts to give instructions to the contractors in various contexts.\u00a0 This recognises the complexity and potential for change and adaptation that may occur in the course of a contract.\u00a0 Under some contracts, the employer must justify the instruction with reference to a particular power if requested.\u00a0 The effect of an extension may be to entitle the contractor to more time and additional payment.<\/p>\n<p>Standard contracts generally give the administrator power to order the suspension of works in limited circumstances. However, an unjustified order may cause the employer to be in breach of contract. If the reason linked to the suspension is due to the contractor&#8217;s fault, it will not be entitled to compensation. \u00a0However if it is not so linked, then a right of compensation will arise under standard contracts.<\/p>\n<p>The contractor administrator owes a \u00a0duty of care to the employer.\u00a0 He may be liable for damages for breach.\u00a0 He may advise the employer on a professional basis. \u00a0The duty of care will range across his functions from design advice and contract administration. He will commonly have duties to explain the rights and obligations of the parties under the building agreement.<\/p>\n<p>The contract administrator&#8217;s obligations to inform the contractor cover a range of matters.\u00a0 It must give them the contract documents.\u00a0 Generally, he must give further information as is necessary to complete the works under standard terms.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Inspecting_the_Works\"><\/span>Inspecting the Works<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The contract administrator is entitled to inspect all works.\u00a0 Works is generally be executed to the administrator&#8217;s reasonable satisfaction.<\/p>\n<p>The contractor may carry out tests of any materials or work.\u00a0 If the work is defective the cost of the tests and reinstating, is to the account of the contractor.\u00a0 If there are no defects the contractor must be paid the cost of opening and making good the works, \u00a0as if it was a variation.<\/p>\n<p>The contract administrator may owe a duty of care and skill to discover defects in the work and bad workmanship.\u00a0 However, this is limited to the extent of his inspections and it does not follow that he is responsible for all defects. He may be liable for those which he might reasonably have discovered with due care and skill.<\/p>\n<p>The contract administrator has a second role in which he must act as an independent party.\u00a0 He has important decision-making powers in relation to the issue of certificates.\u00a0 He must exercise due care and skill relative to the standards of his profession.\u00a0 In this context, he must act independently of the employer and contractor.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Certificates\"><\/span>Certificates<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The most common forms certificates are those certifying works that have been done and the payments due.\u00a0 Architects will issue interim certificates under most employment contracts at fixed intervals.<\/p>\n<p>The valuation of the interim certificate is often based on the quantity surveyor\u2019s measure of the works done. At the end of the works, a final certificate is issued.\u00a0 After the end of the defects liability period, a further and final certificate is issued.<\/p>\n<p>Certificates may record certain key events and decisions under the contract.\u00a0 Confirmation and certification of those events may be preconditions to certain matters including entitlement sot payments or extensions of time.<\/p>\n<p>Certificates are commonly conclusive in relation to the matters certified. In other contexts, they are binding but not absolutely conclusive.\u00a0 Final certificates are generally conclusive.\u00a0 Contracts may deem certificates including in particular, the final certificate to be conclusive in certain matters.\u00a0 In other cases, certificates may be opened up and charged on adjudication, arbitration, or litigation.<\/p>\n<p>The fact that the certificate is conclusive in relation to substantive contents does not mean that it is unchallengeable for all purposes.\u00a0 It may not be properly issued under the contract, where for example, there are elements of fraud, improper pressure or influence.<\/p>\n<p>It was formerly held that in issuing certificates the contract administrator was acting in a quasi-judicial manner.\u00a0 It followed from this, that he was immune from legal suit in the same manner as an arbitrator or a \u00a0judge.\u00a0 However, the principles were overturned by the UK courts in the 1970s.\u00a0 The House of Lords held that in principle, there might be a duty of care by a certifier to the parties, in particular to the employer.<\/p>\n<p>Cases later departed from the principle that the contract administrator might be liable to the contractor. The English courts held that it would be unjust and unreasonable to impose a duty of care on the engineer or administrator in these circumstances.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-501\" data-postid=\"501\" class=\"themify_builder_content themify_builder_content-501 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Administrator and other Roles Building and engineering contracts of any significant scale, provide for the appointment of an architect, engineer, or other professionals to administer the contract. \u00a0In the context of building contracts, an architect usually administers the contract. \u00a0Architects are commonly appointed under standard RIAI terms of engagement.\u00a0 His obligation is not to be [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[44],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/501"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=501"}],"version-history":[{"count":3,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/501\/revisions"}],"predecessor-version":[{"id":514,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/501\/revisions\/514"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=501"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=501"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=501"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}