Construction Litigation
Construction Parties
The representative reviews submittals, monitors progress, evaluates payment applications, and communicates directions. Authority to bind the owner depends on the contract and on apparent authority principles.
Directions may constitute constructive changes.
Alternative Names:
Owner Rep|Owner's Agent
Why it Matters?
Apparent authority is the recurring dispute, since a contractor that followed the representative's direction faces an owner arguing the representative lacked authority to authorize extra work. Contract provisions limiting authority are effective only if the contractor had notice of the limitation. Documenting who gave a direction and confirming authority in writing before performing is the practical protection for contractors.
Frequently Confused with
Related terms
Frequently asked questions
What is the recurring dispute?
What protects the contractor?
