An In-Depth Guide To Finding An Employers Agent

An In-Depth Guide To Finding An Employer’s Agent

It is necessary to appoint an Employers Agent when works are procured under a JCT Design and Build Contract. The role of an Employers Agent is often undertaken in conjunction with that of a Project Manager. It is imperative that a client looking to undertake works understands the process involved in identifying and appointing an Employers Agent. 

Finding an Employers Agent

The first part of the process to find an Employers Agent is to identify prospective individuals and/or companies who can fulfil this role. It may be that as a client you already have contacts and relationships with Commercial Building Surveyors, Project Managers or the like who can act in the capacity of an Employers Agent. If this is the case, then it would be of benefit to speak with the Commercial Building Surveyor in order to understand whether they have resource to provide this service and then what their likely fee would be. 

If you don’t already have a relationship with a commercial building surveyor or the like to undertake the role of an Employers Agent, then you should seek to approach a number of parties who can undertake this role. Ways in which you could seek to identify an Employers Agent is by undertaking an online search and identify companies this way, alternatively you can utilise ‘find a surveyor’ on the RICS website which will help you find potential commercial building surveyors who may undertake the role. Finally, it may be that you have contacts who have previously undertaken works and engaged an Employers Agent, and you could seek to ask for a recommendation. 

Obtaining an Employer’s Agent Fee Proposal 

The next stage is to obtain a fee proposal from the prospective Employers Agent. It is likely that some work may have been previously been undertaken on the project including the completion of outline designs, potential planning drawings and applications, and high-level cost estimates by Quantity Surveyors etc. If some or all of this information is available, then it is of benefit to issue this to the potential Employers Agent as this will assist them with providing an accurate fee proposal. 

Employers Agent fees are often based on a percentage of the proposed construction costs which is similar for other members of the project team for larger schemes. It is important that a client clearly defines or asks the Employers Agent to clearly define the scope of their services at this stage, as should there be a requirement for the Employers Agent to fulfil any other roles then they will need to outline their fee at this stage for other services.  

More often than not clients will have their own bespoke forms of appointment and it would be of benefit to issue this in draft to any potential Employers Agent at this time for review/comment. If a client doesn’t have a standard appointment document, then a client should engage a solicitor to produce this. Any potential Employers Agent will need to review this document and may also need their solicitors to comment upon the contents. 

How to ensure the Employers Agent is qualified 

Once you have identified one or more potential Employers Agent then it would be of benefit to assess their qualifications and experience to ensure that they meet your requirements. 

As a client you may have a pre-qualification questionnaire that you can put to any potential Employers Agent. This will likely contain requirements to provide information in relation to company registrations and accreditations, insurance cover, internal procedures in relation to sustainability and health and safety, company structure, financial information, and any relevant experience/case studies. If you don’t have a pre-determined pre-qualification questionnaire then it would be of benefit to request a similar level of information from the potential Employers Agent. 

It may also be of benefit to interview the potential Employers Agent to ensure that the information they have provided aligns with their experience when questioned. As an Employers Agent is typically engaged on larger projects which often have longer programmes, it is important that any client is comfortable that they can work with the Employers Agent from a personality perspective as well as purely on a professional level, as they will likely be working together for some time. This can often be in excess of 12 months including the design and construction phase. 

How to appoint an Employers Agent 

Once an Employers Agent has been identified then they should be formally appointed. If an appointment document has been previously issued and agreed as stated above then this should be a relatively simple process of issuing to the relevant parties for signature. If this has not been drafted then it should be as stated above and agreed by the relevant parties before signing. 

Once appointed an Employers Agent will fulfil their role as set out in our Blog titled ‘What is the role of an Employers Agent?’.