Commentary

48 Appointments and nominations

BUILDING AND ENGINEERING vol 5
| Commentary

48 Appointments and nominations

| Commentary

48 Appointments and nominations

Where the contract provides for the appointment of an architect, engineer or surveyor to supervise the works, the relevant appointment will normally be a condition precedent to the contractor’s obligation to commence the works1. However, this may not apply to the appointment of other ‘contract administrators’, such as a project manager, employer’s agent, quantity surveyor or clerk of works, unless their appointment is necessary in order for the contract to function2.

If a contract administrator becomes incapable of acting, it is the employer’s implied obligation to appoint a replacement3and it appears that the employer may not simply

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