The Employer's Agent
Design and Build
It’s all down to Risk!!
When you engage CHA-QS Ltd in the procurement of your construction work you have no Risk.
One of the methods of procurement of a construction project is a process called ‘Design and Build’ (D&B), ‘Design and Construct’ (D&C) or ‘Contractor Design Contract’
In all building contracts there is an element of Risk; this can be borne by the Employer (Client) through his design team or passed to the Contractor in a D&B contract.
Within the other major forms of building contract where a design team is employed by client there is the ability to apply clauses relating to elements of the work which are to be designed by the contractor.
The Design and Build Contract is a form of contract where the contractor has sole responsibility for the design.
The traditional procurement of building work involves the separate employment of a consultant Architect, Quantity Surveyor, Structural Engineer, Mechanical & Electrical Services Engineers etc. Many building owners and developers prefer to place all these disciplines under a single responsibility in the form of a Design & Build contract.
There is a single responsibility in the contract and this is with the contractor.
In the event of a dispute, the responsibility can be unambiguously attributed to a single source – the Contractor.
Back to Risk - It is often perceived that traditional contracts are liable to cost over-runs, delays, contractual claims etc. with a limited redress for the Employer. This can be minimised under a single-responsibility arrangement using the D&B Contract.
Usually in a Design and Build Contract there are three professionals under the control of the Employer. The Employers’ Agent, The Quantity Surveyor and the Planning Co-ordinator.
Employing CHA-QS Ltd for this role reduces your risk
Why this guy is necessary and what does he do??
Under the usual form of Design & Build contract it is necessary to designate an Employer's Agent (EA) to issue instructions on the building owner's behalf. This Agent may be an employee of the building owner, but most building owners will engage the services of an independent consultant to perform this role.
Strictly speaking the EA is independent of the Quantity Surveyor and some of his role can overlap. We would recommend that the roles are combined, thus rationalizing the overall fee to the Employer.The role of the EA then is the administration of the contract on behalf of the Employer.
The service we can offer is in two parts.
Pre-contract:
- Assisting the Employer in the preparation and negotiation of the Consultants appointment documents prior to design work commencing.
- In conjunction with the Employer and the Architect assisting in the formulation of the Design Brief.
- Chairing design team meetings and advising on progress.
- Formulating and structuring the Novation agreements for the Consultants, to be applied after the acceptance of the contractors’ tender.
- The preparation of the Employers’ Requirements.Assessing and reporting on the Contractors’ Proposals in relation to Cost and the adherence to the original design brief.
- In conjunction with the QS preparing the Contract Documentation.
Post-contract:
- Chairing progress meetings.
- Issuing instructions on variations and the expenditure of provisional sums.
- Inspecting the works and advising the Quantity Surveyor of defective works not to be included in the works valuations.
- Issuing Certificates of Payment.
- Issuing Certificates of Non-Completion, Practical Completion and Making Good Defects at the appropriate time.
- Advising the Employer on any claims from the contractor regarding loss and expense and extensions of time.
The Employers’ Agent fulfills an important role in the pre and post construction process of a Design and Build Contract. We have found that it is advantageous to employ this person at the inception of the project to take advantage of his advice and knowledge of the processes involved.
