Employers Agent

Employers Agent Design and Build

A Design and Build Contract differs from a traditional form of contract as requires the Employers consultant/design team to complete a high level, performance-based specification called the Employer’s requirements. This is less detailed than a traditional procurement specification. The tendering contractors will then provide a tender submission to complete the detailed design and construction of the works. The design team who are initially engaged to provide the high-level design that is tendered against, are often novated to the contractor to complete the detailed design and provide technical input during the construction phase. 

The benefits of this procurement route which engages an Employers Agent are that the contractor takes on all risk in relation to design and construction. This procurement is often used on projects where there is a relatively simple design, such as industrial units, or where a standard build is used, such as a drive-thru or the like. This procurement route can also get works to site quicker thus speeding up programme. Potential downsides to entering into a Design and Build Contract is that the design can be simplified and if the client requests any changes to a design, these can be costly. 

What does an Employer’s Agent do?

An Employers Agent will be engaged at the initial stage of a Design and Build project and the appointed individual will often be a Commercial Building Surveyor. The role of an Employers Agent is to administer the contract impartially. 

An Employers Agent who is also engaged as the Project Manager will undertake various responsibilities throughout the project, including the following:

• Co-ordinating the design/tender pack;
• Selecting contractors to tender for the works;
• Reviewing the tender documentation submitted by the contractors and identifying a preferred contractor to appoint; 
• Review and consider design items submitted by the contractors throughout the works;
• Reviewing and issuing instructions;
• Assessing the progress of the works and providing the client with updates;
• Receiving and reviewing contractor valuations and submitting payment notices; and 
• Various other duties/responsibilities. 

The Employers Agent is key in ensuring that the quality of the design and construction works is in accordance with the Employer’s Requirements and building standards. The Employers Agent also needs to ensure that the project is kept within the agree costs and is delivered on programme. 

Why do you need an Employers Agent?

An Employers Agent is often a Commercial Building Surveyor and will therefore have a significant amount of construction experience. The Employers Agent is key in ensuring that the design, cost and programme requirements of a project are adhered to, whilst taking overall management of the project/design team.

An Employers Agent will need to be identified and recorded in the contract document if the works are procured under a Design and Building Contract, therefore it is key to engage someone with the experience and qualifications to deliver this role to a high standard. 

The Employers Agent is appointed to represent the Employer and take an impartial approach to administering the contract. The Employers Agent is key in protecting the clients interests.