Employers Agent

What does an Employers Agent do?

An Employers Agent will often be appointed at the conception stage of a Design and Build project and the appointed Employers Agent will often be a Commercial Building Surveyor.

An Employers Agent who is also appointed as a Project Manager will have various responsibilities throughout the project, including the following:

Co-ordination of the design and tender pack;
Assisting with selection of the tendering contractors;
Reviewing the tender documentation submitted by the contractors and identifying a preferred contractor;
To review and consider design items submitted by the contractors throughout the works;
To review and issue instructions;
To assess the progress of works and provide the client with updates;
To receive and review contractor’s valuations and issue payment notices.

The Employers Agent is imperative to ensuring that the quality of the design and construction works aligns with the Employers Requirements and current building standards. The Employers Agent will also need to ensure that the project is kept within the agreed costs and is delivered on programme.

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What is an Employers Agent?

An Employers Agent is appointed when a construction project are procured under a Design and Build Contract. The duties of an Employers Agent is to act on the behalf of the Employer in order to administer a Design and Build Contract. The most common form of contract that requires the appointment of an Employers Agent is the JCT Design and Build Contract (latest edition 2016).

A Design and Build Contract is different from a traditional form of contract as it requires the Employers professionally appointed team to draft a high level, performance specification which are called the Employers requirements. The Employers Requirements are less detailed than a traditional procurement specification. In response to the Employers Requirements, tendering contractors will then submit a tender submission to finalise the detailed design and construction stages. The professional design team are initially engaged to provide the Employers Requirements are often novated to the contractor side, which enables them to complete the detailed design and then go on to provide technical input during the construction stage.

The pros of a Design and Build procurement route which will require the appointment of an Employers Agent is that the contractor takes on all risk in relation to the design and construction. A Design and Build procurement route is normally used on projects where there is a simple design, such as industrial/warehouse units, or where a standard/generic building design is used, such as a drive-thru or the like. This procurement route can potentially get construction on site quicker. Potential negatives to entering into a Design and Build Contract is that the design can be overly simplified and lack imagination. In addition, if a client requires any changes to a design, these can be costly.

The role of an Employers Agent is often undertaken by a Commercial Building Surveyor who may also act in the role of lead designer or project manager. The role of the Employers Agent can be undertaken by a specific person. The Employers Agent will need to complete numerous tasks as part of their role from the conception stage, through to completion of the construction works.

Why do you need an Employers Agent?

The Employers Agent role is often undertaken by a Commercial Building Surveyor who will often have a significant amount of construction experience. The Employers Agent is central to ensuring that the design, cost and programme requirements of a project are met, whilst also taking overall management of the project team.

The Employers Agent is identified and referenced in the contract and therefore it is important to appoint someone with the necessary experience and qualifications to deliver this role to a high standard.

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