Contract Administration 101: CA’s Duties and Powers

Author: Bart Kolosowski
Published: October 5, 2023

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:

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.

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