Responsibility for Employer's Requirements

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Responsibility for Employer's Requirements
  • What are Employer's Requirements?
  • The impact of CIS v Henry Boot
  • Drafting considerations

Responsibility for Employer's Requirements

This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are and how, depending on the procurement approach and the building contract, the party who will be responsible for them might vary. It also looks at the approach to Employer’s Requirements in some of the standard forms, and the impact of the CIS v Henry Boot case.

What are Employer's Requirements?

The expression 'Employer’s Requirements' (ERs) is used in JCT and FIDIC contracts to describe the document(s) produced by the employer to set out its requirements in relation to the project (including performance specifications, drawings, initial designs etc) and this is what the design and construction of the works will be based on. The approach in the NEC suite is slightly different: in NEC3 the documents that contain the ‘Works Information’ provided by the employer (ie that set out its requirements) are identified in Part One of the Contract Data. The NEC4 suite takes the same approach as NEC3 but the 'Works Information' is re-named as the 'Scope'.

For ease of reference, this Practice Note uses the expression ‘ERs’ to refer to Employer’s Requirements as found in the JCT and FIDIC contracts and equivalent documents elsewhere.

Depending on the procurement approach adopted, and the specific provisions of the contract, the party who will be

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