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Commentary

121 Other duties

BUILDING AND ENGINEERING vol 5
| Commentary

121 Other duties

| Commentary

121 Other duties

In addition to the duty of care and skill, the contract administrator owes a duty of loyalty to the employer as an incident of the agency relationship. In consequence, the contract administrator must not allow any undisclosed personal interest to conflict with the interests of the employer1. Failure to disclose such a conflict of interest renders the contract administrator liable to summary dismissal unless the employer, with knowledge of all the material facts, elects to waive the breach of duty2. If the contract administrator receives a secret commission or bribe from the contractor,

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