Civil Engineering Reference
In-Depth Information
The identity of the architect is stated in article 3 of the JCT Minor Works Building Contract
2011 (MW). It is similar to its predecessor (MW 05) in that it states that if the architect
ceasestoact,thereplacementarchitectwillbethepersonnominatedbytheemployerwithin
14days. There is a proviso that the replacement architect must not disregard oroverrule any
certificate, opinion, decision, approval or instruction given by the former architect except to
the extent that the former architect would have been able to do so.
In article 3, reference is to the 'Architect/Contract Administrator', and this way of de-
scribing the person named in article 3 is adopted throughout the contract. Footnote [6] of
MW explains that if the person named in the contract is entitled to use the name 'Architect'
in accordance with the Architects Act 1997, 'Contractor Administrator' should be deleted
and is then deemed deleted throughout the rest of the contract. The purpose of providing the
alternative name is to protect an unregistered person from being prosecuted under the Act.
It follows, therefore, that if the person originally named in the contract is an architect, the
words 'Contract Administrator' must be deleted, or if not deleted will be deemed deleted
thereandthroughoutthecontract.Clearly,anunregisteredperson,evenifaqualifiedsurvey-
or, cannot be appointed as architect. Such an appointment would not invalidate the contract,
but it would be unlawful and of no effect. Indeed, the person concerned would be liable to
prosecution for infringing the Act and may have to pay a substantial fine.
There is another, separate, consideration. When the contractor tendered, it would have
been on the basis that the contract would be administered by an architect of known ability.
It is a sound argument that in the case of any replacement, the replacement person must be
of the same ability. This would prevent the all-too-prevalent practice whereby an employer
sacks the architect and self-appoints.
If the position was reversed and the unqualified surveyor was sacked and replaced with
an architect, there should be no difficulty, because the surveyor would have been described
throughout the contract as the 'Contract Administrator', and the architect certainly fits into
that category.
Under SBC, article 3 states the name of the architect, and clause 3.5 provides that renom-
inationmusttakeplacewithin21daysofthearchitectceasingtoholdthepost.Thecontract-
or is given express power to object within seven days for a reason accepted by the employer
or considered to be sufficient by an adjudicator, arbitrator or judge unless the employer is a
localauthorityandtheformerarchitectwasanofficialofit.TheICandICDnamethearchi-
