Commentary

116 Responsibility of employer

BUILDING AND ENGINEERING vol 5
| Commentary

116 Responsibility of employer

| Commentary

116 Responsibility of employer

The extent to which the employer is held responsible for the actions of the contract administrator differs according to the type of administrative function which is in question1. In so far as the contract administrator is acting merely as the employer’s agent, the employer impliedly guarantees that the contract administrator will perform his duties with reasonable diligence and with reasonable skill and care2. Any negligence on the part of the contract administrator will therefore render the employer liable to the contractor for breach of contract. In respect of those discretionary powers which

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