What Is The Role Of An Employers Agent?

What Is The Role Of An Employers Agent?

Employers Agents are appointed when a Design and Build procurement route is adopted. A Design and Build procurement route involve the production of the initial design information which is called the Employers Requirements. This then becomes the basis on which a contractor provides a tender submission. The contractor will then take on the responsibility for the design and as part of this process some or all of the design team will be novated to the contractor so they can input into the production of the detailed and construction design, 

The benefits of a Design and Build procurement route which requires the appointment of an Employers Agent is that it means the contractors skills and knowledge can be utilized during the design stage. It also passes risk in terms of cost and design on to the contractor. Some of the potential fallbacks of procuring works via a Design and Build route are that the design can lack imagination or contractors may cut corners on quality, and any changes to the design requested by the Employer can lead to significant cost increase. This is why it is important to engage an Employers Agent to deliver the works on the behalf of an Employer. 

The Employers Agent Role 

The role of an Employers Agent will be contained within the agreed form of construction contract. One of the most common types of construction contract that requires the appointment of an Employers Agent is the JCT Design and Building Contract 2016. This generally sets out the Employers Agents duties to deal with :

• Requests 
• Applications 
• Consents 
• Statements 
• Instructions
• Notices

The key role of the Employers Agent is to act on the behalf of the Employer to manage the project through to completion. 

Other consultants other than an Employers Agent will be engaged by a client as part of a design and build project, these will likely include Architects, M&E Consultants, Structural Engineers, Environmental Consultants, Planning Consultants etc. however the Employers Agent is the only appointment undertaken by the specifically appointed consultant. 

The Employers Agent is often a role undertaken by a Commercial Building Surveyor and is sometimes combined with other roles, such as the Project Manager, Quantity Surveyor and sometimes the architect. The legal appointment document should accurately define the scope of services that the instructed party are to undertake. 

The role of an Employers Agent strictly starts when a Design and Build contract is entered into, however the Employers Agent will typically be engaged at the outset of the project to assist with the delivery of the feasibility and concept design stage, especially if the Employers Agent role is combined with one of the other roles mentioned above. 

An Employer’s Agent who is appointed to fulfil the duties of a Project Manager will undertake complete various tasks throughout the scheme, including, but not limited to  the following:

• An Employers Agent will co-ordinate the design team and pull together the tender pack, including the Employers Requirements;
• The Employers Agent will assist with drafting consultant appointments, novation agreements and warranties;
• Inputting into the production of the construction contract, liaising with solicitors regarding the drafting of the client amendments and arranging for execution of the various contract documents;
• An Employers Agent will help with Identifying the contractors to tender to;
• Reviewing/analysing the tender submissions, holding tender interviews and providing recommendations for the preferred contractor;
• Reviewing and considering contractors design items during the construction phase;
• Considering and issuing Employers Agent Instructions/Change Orders, including assessment of costs, impact on programme etc.;
• Keeping track and monitoring the progress of the construction works and issuing the client with regular update/progress reports;
• Receiving and assessing the contractor valuations and responding with payment notices;
• Trying to avoid potential disputes and assisting with settling disputes if they arise; 
• Certifying the Practical Completion of the works;
• Receiving and reviewing the proposed final account and agreeing and certifying;
• Collating and reviewing the Health & Safety File and Operation and Maintenance Manual;
• Implementing the requirement for snagging etc. during the rectification period. 

The Employers Agent role is instrumental in ensuring that the design and construction works is undertaken to a high level and all in accordance with the Employers Requirements (ERs). The Employers Agent will also need to keep track of project costs against the agreed budget to maintain within budge. The Employers Agent will also need to hold the contractor to account regarding programme and delivery of the scheme. 

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