Who under the PSC has the authority in the absence of a Project Manager?

Under the PSC who, for the Employer, has the authority to make decisions/respond to communications if X10 is not used. Unlike the other forms of contract where the Project Manager and the Supervisor are named, there is no facility within the Contract Data Pt 1 to name any responsible individuals.

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I agree this is not clear. Contractually, this is how I think it would work.

In Contract Data 1, the Employer’s name and address is stated, which would usually incudes email. This can be changed after signing the contract under 13.2. Each communication to - and from - the Employer has to be in a form which can be read copied and recorded i.e. writing of some medium (letter, email, cloud based system). So any communication from the Contractor should go to this address.

Under contract law - as I understand it - you would have to take written orders from people who hold themselves out as agent’s of the Employer (and you have sufficient reason to believe they are) or are held out by the Employer to act as their agents. This could be consultants acting on their behalf. If a written communication came from the same email as you were sending emails to then you would have good reason to believe that it was from the Employer.

Turn this around, and think about who has the power to act as an agent of the Contractor.

However, this lack of clarity is one reason why, in the Professional Services Short Contract, we introduced a requirement to notify who can act on each Parties behalf.