The Employers Agent has a liability and obligation in respect of certifying the quality of the work under the JCT D&B contract 2016 (both materials and workmanship)
Scenario - If the contractor decides to change the insulation to a different brand without formal approval (where the brand is specified within the Employers Requirements) which is not discovered during the works and only transpires after PC has been granted.
Do the Contractors D&B designers have a duty of care in respect of quality of materials and workmanship? Even if not expressly included in their appointment with the D&B contractor?
The contractor has the overriding obligation to provide the works in accordance with the ER’s, yet they have not. As PC has been granted, does this diminish the Contractors responsibility and increase the EA’s liability, who could then receive a claim on their PII?
Can the D&B Designers , whether novated or not, be obligated through a predetermined schedule of services provided in the Contract Documents, to inspect the works and report on quality of materials and workmanship?
Does this diminish the EA’s responsibility or at least be culpable?