A good example would therefore be one where the employer wishes to make a change requiring training for additional work. Acting in the employer`s best interest in this case means that the principal representative reviews alternative methods or designs, as well as costs and time, in order to provide cost-effective and timely means of implementing the employer`s request. In the course of English legal proceedings (Scheldebouw BV v St James Homes), it was found that the principal representative had, first, an agency function to carry out the employer`s instructions and, second, a decision-making role where the employer and the contractor might have conflicting interests. In the absence of these bases, the conditions under which the contractor has concluded the contract shall change. For this reason, the agreement provides that the contractor may claim damages from the employer if the principal representative fails to perform its obligations in a fair and impartial manner. On this point, however, we must remember that the impartiality of the chief agent is the core. the basis on which the contractor has agreed to establish a relationship with the employer. Its offer price and the entire agreement are based on this principle that it would take care of impartial and professional things such as payment certificates, claims and the certificate of practical completion. It is very important to note that the principal representative is not a Contracting Party within the meaning of the meaning defined by the law of a Party.
In other words, the principal representative does not acquire contractual rights and obligations. Essentially, the principal representative receives only a large number of obligations for which he acts on behalf of the employer. This is an important legal window. If the principal agent causes unlawful damage to a contractor, he is liable for any loss or damage resulting from a tortious obligation and not from a contractual obligation. Thus, a contractor aggrieved by the misconduct of a principal representative has a contractual right against the employer and a tort right against the principal agent himself. But if we are clear, this is not the case. In this case, acting independently and fairly means that, in accordance with the contractual conditions, the principal agent must act as the main level of limits and must take into account the interests of the customer within those limits. Second, another very important reason for appointing agents for a construction project is the common law principle of: (excuse the Latin) Nemo judex in causa sua. The principle that no one should be a judge in their own case, which means that no one should be a judge in a case in which they have an interest. In order for employers to respect these rules of natural justice and impartiality, the appointment of an agent becomes an important step.
The Senior Officer has two main tasks. The first is to act with appropriate skill and diligence and to perform one`s duties, while exercising reasonable and professional judgment independently. In other words, his judgment cannot be compromised by the employer. Second, it must protect the interests of the employer. “There is no specialized training or recognized qualification that a principal representative must take. But to properly fulfill his duties, the agent must have at least a bachelor`s degree in architecture, civil engineering, engineering or quantity measurement. It is also necessary for the agent to have a professional registration with a legal body such as the South African Council for the Project and Construction Management Professions. “One of the employer`s main obligations under the JBCC Principal Building Agreement is to appoint agents.