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26 March 2024

The Employer Representative's Duty of Independence under the REDAS Contract: CEQ v CER [2020] SGHC 70; Builders Hub Pte Ltd v JP Nelson Equipment Pte Ltd [2023] SGHC 120 [Case Note]

Damien Xing

Published on e-First 26 March 2024

Construction contracts are unique in having a contractor administrator, whose role has been described as an “officer of the contract”. The conventional wisdom in common law jurisdictions is that where the contract administrator is called upon to decide an issue which affects the interests of both the employer and the contractor, he is required to exercise independent judgment. This case note considers two recent Singapore High Court cases which have held that a contract administrator under the most popular design-and-build standard form of contract in Singapore does not owe such a duty of independence.