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The Employer's Agent Under The Jct 2011 Design

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When considering this question there is a broad spectrum of what could be discussed in this essay, however I have chosen to concentrate on this aspect….. The employer 's agent under the JCT 2011 Design and Build is used to describe someone acting on behalf of the client as the contract administrator. This can be closely likened to the Project Manager under the NEC3 Engineering and Construction Contract. However there are subtle differences in the way that they construe and operate their responsibilities. JCT The employer’s agent performs all the duties of the employer on their behalf. As shown in article 3 of the JCT “shall have full authority to receive and issue applications, consents, instructions, notices, requests or statement and otherwise to act for the Employer under any of the Conditions” This leads to the Employers agent being said to be a representation of the Employer with very little independence or discretion. However if the employer would like direct involvement, it is vital that the contract documents clearly assign these actions. In addition to their role as contract administrator the employer’s agent may furthermore have duties to undertake on the clients behalf preceding the contract being awarded. The employers agent is obliged to accept instructions from the employer, conversely in reality the employer’s agent will find many conflicts on interests between the employer and the contractor. Sutcliffe v Thakrah is the leading case on the Employers agents

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