If there is one legal principle architects can be guaranteed to remember it is that they have an obligation to hold the balance fairly between the parties when they are named in the contract as the contract administrator. It appeals to architects' sense of fair play. The other legal obligation, which is recited much less often but is equally important, relates to the law of agency. The starting point for any legal review is the contract. There are two contracts to bear in mind. First, the architect's professional appointment with the client, and second, the construction contract between the employer and contractor. The obligation to hold the balance fairly between the parties derives from the construction contract. However, to understand the extent of that duty we first need to consider the architect's role more generally, in relation to the project.
展开▼