CONTRACT ADMINISTRATOR
J ust like you, Noah* is a
Who can be the CA? It’s important to point out that for a wide range of building projects, members can and do contract directly with the client, without the need for a CA. The FMB suite of contracts, for example, only includes mention of the CA in commercial projects, not domestic contracts; however, there are larger or more complex building projects for domestic clients where a CA is required. As it stands, the CA role can be assumed by the architect, engineer, building surveyor, QS or any agent of the employer. The contractor could even be the CA assuming they belong to a membership body with chartered status. What is essential is that the CA – even ing projects for or more complex buildi a CA is required. domestic clients where ole can be assumed As it stands, the CA r eer, building by the architect, engine ent of the employer. surveyor, QS or any age even be the CA The contractor could e when appointed and paid for by the client – must act independently and impartially when making decisions such as whether the works are complete or the final payments due. FMB member Alastair Raitt, Chief Executive Officer of H M Raitt & Sons Ltd and National Board Representative for Scotland, says a conflict of interest can arise when the CA is also the architect. “The premise of the issue,” Raitt explains, “is when there is a fundamental error / conflict in design and the contractor is held responsible for the defects arising from the same, with no remuneration forthcoming,
architect then told the client to move into the house without consulting Noah, who would not have permitted this given the state of the house. The client was unhappy with the work, resulting in overwhelming stress for Noah, causing him to suffer a stroke and be hospitalised four times in the year. He lost his overdraft facility at the bank, and is experiencing cash flow issues. Because the architect is also the CA – who is meant to act in an impartial way – and has chosen to act unfairly to protect themself, Noah has no real pathway to pursue the issue other than to complain to the architect’s professional body. “In instances where the architect is the CA, there is clearly a conflict of interest as few will find in favour of the contractor, and will defend their own position.”
hardworking, honest builder, running a company he is proud of. Just like you, he entered into
a contract in good faith, believing the mechanisms in place would protect him from any unexpected issues that may arise. The problem for Noah is that the contract administrator (CA) on the project was also the architect and acted unfairly against him. The repercussions have been significant, impacting his health and his finances. Noah was working on a building that carried a risk of asbestos. He asked the architect if they had commissioned an asbestos survey, which they had not done and did not know how to do. At the request of the client’s quantity surveyor (QS), Noah recommended an asbestos carried a risk of asbestos He asked the contractor who found asbestos in the building, taking eight weeks to remove it, which caused Noah severe delays. Additionally, the architect – which on multiple occasions gave Noah inaccurate drawings – issued only verbal instructions, causing further delays, and resulted in the client’s QS not signing payments to Noah as there was no official written instruction from the architect. It took three and a half months before the SBCC contract was produced and signed by the architect and Noah. The
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Master Builder
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