What Is an Employer’s Agent — And Do You Need One?

If you’re delivering a project under a design and build (D&B) contract, one of the most important roles to appoint is the Employer’s Agent (EA). Their job is to act as your representative, making sure the contract is followed, costs stay under control, and quality is delivered.

At ONFORM, we regularly act as Employer’s Agent for developers, investors and clients across Bournemouth, Poole, Christchurch, Dorset, Hampshire, Wiltshire, Berkshire, Surrey and London — helping them manage risk and deliver projects with confidence.

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What Does an Employer’s Agent Do?

An Employer’s Agent is your lead advisor and contract administrator on a design and build contract. They’re responsible for:

  • Preparing and issuing the building contract

  • Managing the contract throughout the works

  • Certifying payments and change control

  • Monitoring programme, risk, and quality

  • Acting as the main point of contact between you and the contractor

They make sure the contractor is delivering what’s been agreed — and they protect your interests throughout.

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Why Do You Need an Employer’s Agent?

Under a D&B contract, you (the employer) are responsible for defining the scope and appointing a contractor to deliver it. Once the contract is signed, you need someone experienced to manage that relationship — because:

  • The contractor is responsible for design, so you need someone to track compliance

  • The contract must be administered fairly but firmly

  • Delays, variations or missed deliverables must be handled formally

  • Payment must only be released when it’s properly certified

Without an EA in place, you could lose control of the process — or miss key opportunities to limit risk and cost escalation.

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Typical Tasks an EA Will Carry Out

During a project, an Employer’s Agent might:

  • Advise on contract selection and amendments (usually JCT D&B)

  • Lead pre-contract negotiations and tendering

  • Prepare the Employer’s Requirements (ERs)

  • Issue notices, instructions, and payment certificates

  • Monitor construction progress and report back to the client

  • Chair site meetings and review risk items

  • Support completion, commissioning, and handover

  • Manage final account agreement and contract close-out

They also act as a buffer — helping resolve issues before they escalate.

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How Does the EA Role Differ From a Project Manager or Contract Administrator?

While there’s overlap, the key difference is that an Employer’s Agent is specific to Design & Build contracts, whereas a Project Manager can be appointed under any contract form.

Unlike a traditional Contract Administrator, the EA is more commercially focused — often leading the project through procurement, negotiation, and into delivery.

At ONFORM, we’re often appointed to act as both EA and PM, providing continuity and proactive support from early design through to final completion.

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Why Choose ONFORM as Your Employer’s Agent?

We bring practical construction experience, commercial understanding, and legal clarity to the role — all while remaining easy to work with. Our clients appreciate our:

  • Clear advice at procurement and contract stages

  • Straightforward reporting and communication

  • Hands-on approach to risk and progress monitoring

  • Ability to adapt for complex or high-spec developments

Whether you're delivering a residential scheme, commercial fit-out or bespoke new build, we ensure your contract is managed properly — and that your objectives are met.

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Delivering a project under a D&B contract in Bournemouth, Poole, Christchurch, Dorset, New Forest, Hampshire, Berkshire, Surrey or London?

Get in touch with ONFORM for a free, no-obligation chat about how we can support you as Employer’s Agent.

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What Does a Contract Administrator Do in Construction?