Contract administrator or employer's agent?
The building contract identifies the role. The professional appointment defines the services and authority being accepted.
by Jack Butler-Kettle · About 4 min readShare
The answer
A contract administrator and an employer's agent are appointed roles under particular forms of building contract. General contract-management advice does not automatically create either appointment.
The correct role depends on the procurement route, contract and agreed duties. It should be identified before the project relies on someone to act.
Key differences
Scroll across to read all columns.
| Feature | Contract administrator | Employer's agent |
|---|---|---|
| Appointment | Role and powers arise from the relevant contract and appointment | Role and delegated authority arise from the relevant contract and appointment |
| Context | Used in forms providing for a contract administrator | Commonly associated with design-and-build arrangements |
| Tasks | The specified instructions, assessments, certificates and administration duties | The agreed representation and administration duties on the employer's behalf |
| Boundary | A general QS instruction does not confer the formal role | A general commercial-management instruction does not confer the formal role |
| Before appointing | Confirm duties, authority, decision-making obligations and exclusions | Confirm delegated powers, responsibilities and exclusions |
The contract administrator
A CA administers duties under the selected building contract. These may include instructions, assessments and certification, depending on the form and appointment.
The RICS explanation of the QS role includes contract administration within the profession's possible work. The individual commission still needs an express scope.
Our Contract administration services sets out the appointment approach and information needed.
The employer's agent
An EA acts for the employer within the authority granted under the selected contract and appointment. This role is commonly associated with design and build.
The RICS employer's agent guidance addresses the role in design and build. Responsibilities should be checked against the actual documents.
Our Employer’s agent services covers the agreed communications, commercial procedures and employer decisions.
What should the appointment state?
Identify the contract, duties, delegated authority, reporting and attendance. Define who handles design queries, inspections and certification, and what information they need.
State any preparation before signature, even though the services are grouped under post-contract on this site. Project preparation and contractual duties are related but distinct.
Do not assume that site supervision, design responsibility or separate statutory roles are included without an express appointment.
General contract management is different
A QS may help maintain notices, registers and commercial records without being the named CA or EA. The appointed administrator retains the duties allocated to that role.
Main-contract and subcontract administration support should therefore identify the tasks and approval arrangements rather than implying unrestricted authority.
If a dispute develops, check existing roles and conflicts before commissioning representation or claims work. Administering a contract and advocating a party's position require distinct consideration.
Contract management can include tracking notices, obligations, changes and records. It does not itself appoint someone to certify payment or completion.
A contract administrator or employer’s agent needs the appropriate formal appointment and authority under the selected contract. Their obligations differ from general advice or negotiation support.
Check who may instruct changes, assess sums, issue certificates and make decisions requiring professional judgement. Do not assume the QS, designer or project manager holds all powers.
Example
The facts
A client commissions a QS to review monthly valuations. The building contract names another consultant as contract administrator.
What happens
The QS prepares an assessment and supporting reconciliation under their advisory scope.
The named CA considers the assessment and carries out the applicable contractual duty. The QS does not issue a certificate merely because they prepared the figures.
If the client wants to change the appointed role, the appointment and contractual arrangements must be expressly addressed.
What this shows
Preparing commercial advice does not silently transfer the CA's authority or responsibilities to the QS.