Contract administrators play essential roles in the construction sector, as they administrate the execution of construction contracts. A contract administrator acts as a representative of clients and an independent certifier to contractors. This dual role can bring conflicts within the contract administrator’s duty. Therefore, concerns have been raised whether contract administrators can perform their duties fairly and impartially when serving clients and contractors. This study examines the independence and impartiality of contract administrators in the construction sector. This study also reviews the current New Zealand standard construction contract forms to understand the role and position of contract administrators. A questionnaire survey was conducted in New Zealand to obtain views from 42 construction practitioners. The survey results suggest that independence and impartiality of contract administrators may exist in the New Zealand construction sector, manifesting that most survey respondents experienced a reasonable and fair performance from contract administrators when carrying out their duties. This study contributes to the existing knowledge of contract administration by revealing the existence of independence and impartiality of contract administrators in the New Zealand construction sector. Also, this study contributes to industrial practices by putting forward concerns and recommendations to improve the legal obligations of contract administrators in construction contract forms.
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1 April 2023
Research Article|
June 15 2022
Independence and impartiality of contract administrators in the New Zealand construction sector Available to Purchase
Asela Sampath Premaratne, MConstr;
Asela Sampath Premaratne, MConstr
MSc student
School of Built Environment, Massey University, Auckland, New Zealand
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Zhenan Feng, PhD
;
School of Built Environment, Massey University, Auckland, New Zealand
(corresponding author: z.feng1@massey.ac.nz)
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Tak Wing Yiu, PhD
Tak Wing Yiu, PhD
Associate Professor
School of Built Environment, Massey University, Auckland, New Zealand
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(corresponding author: z.feng1@massey.ac.nz)
Publisher: Emerald Publishing
Received:
April 14 2022
Accepted:
June 10 2022
Online ISSN: 1751-4312
Print ISSN: 1751-4304
ICE Publishing: All rights reserved
2023
Proceedings of the Institution of Civil Engineers - Management, Procurement and Law (2023) 176 (2): 76–84.
Article history
Received:
April 14 2022
Accepted:
June 10 2022
Citation
Premaratne AS, Feng Z, Yiu TW (2023), "Independence and impartiality of contract administrators in the New Zealand construction sector". Proceedings of the Institution of Civil Engineers - Management, Procurement and Law, Vol. 176 No. 2 pp. 76–84, doi: https://doi.org/10.1680/jmapl.22.00023
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