What is an Employer’s Agent (EA)?

An Employer’s Agent (EA) acts as the employer’s representative in a construction project. Their main responsibility is to manage contracts and oversee progress, whilst ensuring the employer’s interest are protected throughout the project. Typically, the role exists on design & build contracts and differs slightly from that of a contract administrator or regular project manager – more on that below.

Roles and Responsibilities

The EA carries a wide range of responsibilities. These may include the following:

• Advising on contract selection and any suitable amendments.

• Leading pre-contract negotiations and tendering.

• Preparing the employer’s requirements.

• Issuing notices, instructions, and payment certificates.

• Observing construction progress and reporting back to the client.

• Chairing site meetings and reviewing risk items.

• Supporting during completion, commissioning and handover.

• Managing final account agreements and contract close-out.

EAs also play a crucial role in resolving potential issues before they escalate, maintaining smooth communication between all project stakeholders. The goal of the EA is to ensure an on-time and on-budget delivery of the project for the employer to the expected standard of quality.

Independence of the Employer’s Agent

An important aspect of the EA’s role is their professional independence. While they represent the employer, the EA must generally act in a reasonable manner when administering the contract to ensure the project complies with its terms and the employer’s requirements. However, it might be worth ensuring any amendments do place an obligation on the EA to “act reasonably”, especially when it comes to responding to notices of delay and claims for loss and expense and also the holy grail of meeting the Practical Completion requirements without issue.

This independence of the EA allows the EA to make informed decisions. Some decisions might not align with the employer’s instructions. In this instance, it could safeguard the integrity of the project. This means EA’s make certain decisions based on the contract, not just on what their employer wants. This is due to the EA protecting the integrity of the agreed process.

EA vs CA vs PM: Understanding the Differences

The roles of EA, Contract Administrator (CA) and Project Manager (PM) often overlap but differ based on the contract form and responsibilities. Much will depend on the method of procurement used in each project. Some typical examples include:

• EA: Typically appointed under JCT Design and Build Contracts, representing the employer throughout the project.

• CA: Usually associated with other JCT contracts, focusing on contract compliance and progress monitoring. Often this role is carried out by the Architect or their team on a traditionally procured project. The role also exists in some design & build or other projects.

• PM: Generally engaged under D&B contracts, responsible for mainly project delivery, coordination and performance.

Employer’s Agent & Contract Responsibilities / Authorities

Under the JCT Design and Build contract, the EA is authorised to act on the Employer’s behalf in carrying out duties such as issuing instructions, certificates, and notices. These duties include:

• Applications

• Consents

• Instruction

• Notices

• Requests

• Statements

Each function supports the EA’s ability to manage contractual obligations efficiently.

Our Approach

At Overford, our EA services are built on a foundation of commercial expertise, industry experience and professional integrity. We prioritise ethical standards and a collaborative environment that promotes diversity, inclusivity and sustainability.

We work closely with our developer and employer clients to ensure projects are delivered on time, on budget and exactly to the high standards of quality that our clients expect. Whether working on a care home in Wigan or a converted mill in Todmorden (both examples of recent projects), you can be sure that we’ll support you with the right expertise and a degree of professionalism you can trust.

If you’d like expert support in delivering your projects and avoiding construction disputes, get in touch with Crystal Jenkins at crystal.jenkins@overford.com.