ABSTRACT

Although architects are involved in building projects from their initiation, commonly being commissioned by the employer to check feasibility, prepare the brief, produce the design, obtain planning and other permissions, produce construction drawings and specifications and inviting tenders, it is during the administration of a building contract that architects acquire a two-fold duty. Not only are they agents of the employer to a limited extent, they also have a duty to act fairly between the parties at certain times when the contract requires them to made decisions which affect both parties. Notable instances are the issue of certificates for payment and practical completion, decisions about the validity and, sometimes, the amount of loss and/or expense. Throughout the construction process, they must decide whether the work and materials conform to the contract requirements, often with the employer on one side arguing that the work is sub-standard while the contractor is maintaining it is better that specified.