Liabilities of the contract administrator in certification

Abstract

Contract Administrator engaged by the Employer ,acts as his agent for the purpose of securing the completion of the works ,in an economical and timely manner. Under PAM 2006 Form ,the “Architect” is the contract administrator and “Engineer” in IEM form whilst CA is also known as “Superintending Officer” in PWD and CIDB forms.CA in this study is focused to the professional CA , the Architect and Engineer. As a contract administrator and agent of the Employer , CA provides information to the contractor to enable him to carry out his contractual works ,issue variations which may alter the extent ,nature and quantity of the works, nominates sub-contractors and suppliers on the Employer’s behalf ,supervises and approves the works. In his capacity as contract administrator and independent certifier, it is the Architect’s duty to issue certifications on all payments due under the contract and certify acceptance of completed works in conformity to contract specifications and accepted standards. The contract administrator must act with independence, impartial and fairness. The professional obligation to act fairly extends to such of his duties to use his professional skill and judgment in forming an opinion or making a decision where he is holding the balance between the Client and the Contractor. The CA is duty bound to serve the Employer faithfully as his agent. The Employer would reasonably expect that the Architect possesses the requisite ability and skill and be liable to the Employer if he had been professional negligent. The finding of this research is based on the judgment of 11 cases where the CA has wrongful in certifying the certificates .They are categorised as error in certificate , signing by non authorised person and due to fraud and dishonest. Thus it is important for the CA to ensure that pre-conditions as expressly stipulated in the particular terms of the condition of the contract have been satisfied.