Contract Administrators: How to Ensure Independence

A contract administrator ("CA") is expected to act impartially and fairly between the employer and contractor in carrying out its "independent" functions under the building contract but the contractual arrangements between the employer and the CA – the CA is appointed by the employer, the employer is solely responsible for the CA’s fees and the CA may also be appointed to perform "employer specific" services – can undermine that independence. Whilst the CA when acting in its independent capacity has a duty to act impartially and fairly between the contractor and the employer in practice this can be as useful as a chocolate teapot to a contractor given that current case law dictates that a CA does not owe the contractor a duty of care in respect of its certifier role.