What Does an Employer’s Agent Do? JCT Design & Build Explained

What is an Employer’s Agent?

First off, what’s an Employer’s Agent?

Under a JCT Design and Build Contract, the Employer delegates a lot of their traditional functions to a representative to carry out for them. We refer to this person as the Employer’s Agent, or EA for short. Their job is to be the eyes and ears of the client. They’re the main point of contact between the Employer and the Design and build contractor throughout the project. There to make sure the contract is followed, manage relationships, monitor progress and compliance, and protect the client’s interests. They’re like the conductor for an orchestra – standing at the front, making sure everything is working as it should, in perfect harmony. Ideally, the Employer’s Agent starts before the contractor is appointed and oversees the project through to completion.

To be clear (because there are a lot of misconceptions about this), the Employer’s Agent isn’t a glorified messenger passing instructions from the client to the contractor. It’s a far more involved and strategic role than that! Their job also isn’t finished once the contract is signed. That’s when the real work starts. As they start administering change, resolving issues and steering the project right through to completion.

The Key Responsibilities of the Employer’s Agent

Since the role is quite a varied one, we thought we would put together a list of the main responsibilities of an Employer’s Agent.

Contract administration: The core of the role, the Employer’s Agent is responsible for ensuring that both parties (employer and contractor) fulfil their contractual obligations to each other. This includes issuing key notices under the contract, like:

Throughout the project, the EA acts impartially, even though the employer appointed them.

Managing variations and change control: Changes are inevitable in any construction project – it’s part of the process. The Employer’s Agent manages these variations. Making sure they’re properly recorded, costed properly and agreed in line with the contract terms. This helps you avoid disputes later and keeps the project on track, preventing delays or budget issues.

Monitoring programme and progress: The EA will need to do regular site visits, progress meetings and report back to the employer, keeping them informed about how the project is tracking against the agreed programme and highlighting any risks or delays. It’s not just about seeing the issues as they come up – it’s about pre-empting them.

Quality assurance: While the contractor is the one responsible for quality, the EA also has a duty to monitor standards and flag any concerns they might have. They do this by working with the design team and clerk of works (if there is one) to make sure that the works meet building regulations, statutory requirements and the employers’ requirements.

Managing payment processes: One of the EA’s other jobs is to assess the contractor’s interim payment applications and recommend the appropriate amount to pay to the employer. This includes reviewing progress, valuing work completed, and deducting any necessary retention. Getting this right means the cash flow of the project is protected.                                    

Completion and handover: Near the finish point, the Employer’s Agent will carry out inspections, coordinate snagging lists and issue the certificate of practical completion. They also manage the handovers of drawings and making sure that all documentation (O&M manuals, warranties, as-built drawings and compliance certificates) are all in one place.

It’s definitely a balancing act, especially when you have to remain completely impartial at all times!

What Makes a Good Employer’s Agent?

So, what makes a good (or a great) Employer’s Agent? Well, technical knowledge is an absolute must, but you will also need:

Organisation: It’s your job to keep track of the key dates, documents and communications, so good organisational skills is critical.

Attention to Detail: You’ll need to spot potential issues before they escalate to save time and money. This applies to both contact administration and checking the quality and progress of works on site. Having strong technical and contractual knowledge is essential.

Communication: You’re going to be the main point of contact for the whole project. Clear, concise updates are essential.

Problem Solving: Projects rarely go to plan. A good Employer’s Agent knows how to navigate problems calmly and creatively. They can also draw a team together and identify the strengths of each member so that issues can be solved quickly and effectively. 

Diplomacy: You’ll be responsible for managing relationships across the board – client, contractor, design team and more – and all of those people have conflicting priorities. You’ll need to have excellent negotiation, listening and interpersonal skills to do this right. A great Employer’s Agent will bring out the best from all parties. Motivating them to work together to achieve the best results.

Ultimately, the Employer’s Agent’s job is to add value, providing clarity, structure and confidence to their employer at every stage.

So essentially, the Employer’s Agent under a JCT Design and Build contract is a central figure, one who is key to the success of the whole project. They provide leadership, oversight and impartial contract administration, all of which ensures smooth sailing. If you’re appointing one, make sure you’re choosing someone with the right blend of experience, technical knowledge and people skills.

And if you’re stepping into the role yourself? Know that it’s a rewarding challenge, and you’ll be playing a vital part in delivering the project on time and within budget. As always, if you’re looking for someone to act as your Employer’s Agent, or you need any help or advice on the role yourself, the team at Harrison Clarke are always here to help. Just give us a call on 02381 550051 to speak to one of our experts today.

For more expert advice on surveying and property matters, check out our range of informative videos on our website or YouTube channel. Harrison Clarke Chartered Surveyors is here to guide you every step of the way!

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