3.3 EMPLOYER ’ S REPRESENTATIVE IN THE SILVER BOOK SINCE, STRICTLY S...
Since, strictly speaking, the Employer is himself the contract administrator, his
Representative is to be taken to act as the Employer. The Representative can be
replaced at any time subject only to the Employer notifying the Contractor of
the replacement ’ s details. Indeed, the Employer can at any time decide to do
without a Representative altogether. By clause 3.1, unless and until the
Employer notifies the Contractor otherwise, the Employer ’ s Representative is
deemed to have the full authority of the Employer under the Contract, except
in respect of clause 15 (that is, termination of the contract by the Employer).
In the Yellow Book, the Engineer can exercise any authority attributable to him
as specified in the contract or as necessarily to be implied from the contract, such
as from his functions of giving instructions or approving variations, or valuing
and certifying sums due. He has no authority to amend the contract, however, or
to relieve any party of any duties or obligations under the contract (clause 3.1).