3.3 EMPLOYER ’ S REPRESENTATIVE IN THE SILVER BOOK SINCE, STRICTLY S...

4.3.3 Employer ’ s Representative in the Silver Book

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).