48 Appointments and nominationsWhere 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
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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
0330 161 1234