Introduction
Following our previous discussions on the phases of Contract Administration, notably the closing of a project as detailed in the last article, we now turn our focus towards a crucial aspect that governs the efficiency and legal adherence of this role – the distinct duties and powers of a Contract Administrator (CA) as outlined in the JCT Standard Building Contract 2016 (JCT SBC 2016).
If you wish to read the preceding articles first, these can be found here:
- Contract Administration 101: The Basics
- Contract Administration 101: Starting a Project
- Contract Administration 101: Overseeing Construction
- Contract Administration 101: Closing a project
Understanding where these duties and powers are specified within the contract is paramount. It not only facilitates a smooth execution of the project but also ensures that all contractual obligations are met meticulously.
In this article, we aim to delineate all relevant clauses within the JCT SBC 2016 contract, briefly expending each and underscoring their relevance to the CA’s role. This endeavour will furnish a clear roadmap for Contract Administrators, augmenting their ability to navigate the contractual landscape efficiently and effectively.
Contract Administrator’s Powers and Duties under JCT SBC 2016
In the table below, we have listed all the relevant clauses from the JCT SBC 2016, outlining the duties and powers of a Contract Administrator. Each clause is accompanied by a brief description to provide a clear understanding of the CA’s role in various scenarios.
| SBC Clause | Duty / Power | Description |
|---|---|---|
| 1.8 | Duty | Issue certificates to the employer with copies to the contractor |
| 2.10 | Duty | Determine levels and provide contractor with accurately dimensioned drawings, etc. |
| 2.11 | Duty | Issue further information included in IRS on time |
| 2.12 | Duty | Issue further design information required to complete the works as required |
| 2.17.1 | Duty | Give a written notice to the contractor specifying the divergence between the design information and Statutory requirements |
| 2.17.2 | Duty | Give instructions regarding divergence |
| 2.24 | Power | Consent in writing to the removal of unfixed goods and materials for reasons other than use for the works |
| 2.28.1 | Duty | Make a fair and reasonable extension of time |
| 2.28.2 | Duty | Notify the contractor of extension of time decision no later than 12 weeks from the notice |
| 2.28.4 & 5 | Power | Change the completion date |
| 2.30 | Duty | Issue a certificate of practical completion of the Works or a section |
| 2.31 | Duty | Issue a certificate of non-completion |
| 2.33 | Duty | Issue a written statement to the contractor on behalf of the Employer identifying the part(s) taken into possession and giving the date(s) |
| 2.35 | Duty | Issue a certificate of making good |
| 2.38 | Power | Instruct that certain defects shall not be made good and deduct from the Contract Sum |
| 2.38.1 | Duty | Notify the contractor of defects in a schedule of defects |
| 2.38.2 | Power | Instructs defects to be rectified prior to issuing a schedule of defects |
| 2.39 | Duty | Issue a certificate of making good |
| 2.8.2 | Duty | Provide contractor with copies of contract documents and drawings, etc. |
| 2.8.4 | Duty | Not to divulge or use rates in priced document |
| 2.9.1.1 | Duty | Provide schedules and other documents required to carry out works and pre-construction information required under CDM |
| 3.1 | Power | Access to the works |
| 3.10 | Power | Issue instructions empowered by the contract |
| 3.11 | Power | Issue written notice to the contractor requiring compliance with an instruction |
| 3.12.3 | Power | Issue confirmation of verbal instruction at any time prior to the Final Certificate |
| 3.13 | Duty | Comply with a request from the contractor to specify the empowering clause |
| 3.14 | Power | Issue instructions requiring a variation |
| 3.15 | Power | Issue instructions requiring postponement of work |
| 3.16 | Duty | Issue instructions regarding provisional sums |
| 3.17 | Power | Issue instructions requiring opening up or testing |
| 3.21 | Power | Instruct the exclusion of persons from the site |
| 3.22.2 | Duty | Issue instruction in respect of antiquities and other objects found on site |
| 3.7 | Power | Consent to sub-letting any part of the Works |
| 4.17.2 | Duty | Prepare and issue a statement of Retention deducted with each interim certificate |
| 4.21.4 | Duty | Ascertain or instruct the quantity surveyor to ascertain amount of loss and/or expense incurred |
| 4.25 | Duty | Ascertain or instruct the quantity surveyor to ascertain amount of the final adjustment and issue to the contractor |
| 4.26.1 | Duty | Issue a final certificate |
| 4.9.1 | Duty | Certify the amount of interim payments |
| 5.7 | Duty | Verify vouchers for daywork |
| 6.19.1.2 | Duty | Issue instructions to enable compliance with Joint Fire Code |
| 6.51 | Power | Instruct the contractor to take out and maintain insurance indemnifying the employer against claims, etc. in respect of collapse, subsidence, heave, vibration, weakening or removal of support or lowering of ground water as a result of the Works |
| 8.4.1 | Power | Give notice of default to contractor |
| 8.7.4 | Duty | Issue a certificate showing expenses incurred by employer, amount of payments to the contractor and the total amount that would have been payable to the contractor |
Final Thoughts
Across this series of articles, our intention has been to provide a clearer understanding of contract administration, focusing on the essential duties and powers of a Contract Administrator as stipulated in the JCT SBC 2016. We trust that the information shared has equipped you with a better understanding of the skills required for effective contract administration, and the broader scope of the role.
We appreciate your time and engagement throughout this series. If you have any specific questions or seek further clarification on any of the topics discussed, we welcome you to contact Multiproject. Our team is here to assist with any of your contractual inquiries.
