Q&As

Could you direct me to any information regarding the validity of schedules, notices etc delivered under a Design and Build Contract 2011, when delivered by someone who is not the 'employer's agent' as defined in the contract?

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Published on LexisPSL on 13/10/2017

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • Could you direct me to any information regarding the validity of schedules, notices etc delivered under a Design and Build Contract 2011, when delivered by someone who is not the 'employer's agent' as defined in the contract?

The JCT Design and Build Contract 2011 (and 2016) provide for the employer to appoint an employer’s agent to act on its behalf under the contract. The employer’s agent is the person named in Article 3 ‘or such other person as the employer nominates in his place’. Accordingly, as a starting point, it is worth considering whether a person not named in Article 3 has nonetheless been nominated by the employer.

You may find the case of Volkerlaser v Nottingham CC relevant. In that case, Faithful + Gould had been retained by the ‘Client Representative’ under a TPC 2005 contract, and had responded to the contractor’s interim application saying that no further payment was due.

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