Appointing an Employer’s Agent/Contract Administrator for a planned development

The Construction team assisted an existing Real Estate client on appointing an Employer’s Agent/Contract Administrator for a planned development of their commercial premises in London.

The consultant had provided a set of terms that were ineffective and lacked coherence, requiring substantial reworking to produce an enforceable legal document. Extensive redrafting was necessary to ensure the terms were coherent and effective.

The team consulted with the client and produced an amended, updated ACE Professional Services Agreement which was to the consultant’s satisfaction, and presented significantly greater contractual protection for the client. While this was relatively contentious in principle, the team handled all aspects of the consultant’s queries and objections to arrive at a satisfactory outcome for both parties. This entailed some diplomatic correspondence with the consultant, setting out the risks to both parties with the intention of ensuring the terms were sound while keeping the consultant engaged.

The outcomes included setting a precedent for the same consultant’s appointments going forward, preserving the commercial relationship while protecting the client.