Superintendent as Agent of the Principal for All Purposes: Does It Work?

    View Author August 2018

    Sometimes in construction contracts, the superintendent is stated to be the agent of the principal exclusively or solely (as stated in GC21) or “at all times”. This is in contrast to the traditional “dual role” of the superintendent, where the superintendent acts as agent of the principal for administrative purposes, but impartially when performing the role of certifier, assessor and valuer.

    Where the contract states that the superintendent is exclusively, solely or at all times the agent of the principal and yet, the superintendent has a certifying, valuing or assessing role, this creates considerable uncertainty in the superintendent’s function.

    Clear drafting should avoid or mitigate such conflicting or uncertain outcomes.