1. The role of the Superintendent in Construction Contracts
This presentation outlines:
Prepared by: Vanita Kumar
Prepared for:
•Karen O’Brien – Manager Business Performance
•Anthony Ottaway – Executive Coordinator Regulation and Reporting
•Jodie Maloney – Coordinator Source to Contract Procurement: Construction
• An overview of the role of the Superintendent
• The benefits from both an operational and contractual
perspective
• The risks of not having a Superintendent

2. The role of the Superintendent in Construction Contracts

3. The role of the Superintendent in Construction Contracts
The Superintendent acts as an administrator of the contract and has the dual role of
acting as an agent for the Principal, and as certifier for the purpose of issuing
certificates.
•The Superintendents role is to plan and monitor all aspects of project contract
administration including general contractor management for time, cost and quality.
•Superintendent as Certifier means that the Superintendent has an obligation to act in
an independent and impartial manner when making assessments under the contract.
•Monitor and minimise construction and contractual risk to Council and refer all matters
of significant contractual risk to the Principal.
•The Superintendent may appoint Superintendent's representatives, to exercise defined
powers or duties on the Superintendent's behalf.
An overview of the role of the Superintendent
The role of the Superintendent is the responsibility of CoGC (Principal) to
ensure a suitably qualified and experienced Superintendent is appointed for
all major and or high risk projects.

4. The role of the Superintendent in Construction Contracts
An overview of the role of the Superintendent

5. Construction Contract
Sub Contracts
The role of the Superintendent in Construction Contracts

6. The role of the Superintendent in Construction Contracts
The benefits from both an operational and contractual perspective
A Superintendent is like the glue holding the process together, educating and
leading the Principal through the challenges of the conditions of the
contract. The benefits of an impartial Superintendent administering the
Contract are enormous.
•Serves as an objective, an experienced and qualified Representative to protect the
project’s best interests first and foremost.
•Centralize communication, acting as project liaison to fully and seamlessly integrate all
parties.
•Enhance quality control to reduce potential for defects and poor workmanship.
•In addition to their contractual relationship, the Superintendent owes the Principal a
duty of care in the performance of his functions and protects all parties from
unnecessary liability.

7. The role of the Superintendent in Construction Contracts
The risks of not having a Superintendent
Clause 23 of the General Conditions of Contract, AS 2124-1992, states that the
Principal or the City of Gold Coast in this case shall ensure that there is a
superintendent in place at all times. The Principal or CoCG will be in breach of
Clause 23 of AS2124 in the event a Superintendent is not appointed.
A duty of care can exist between a superintendent and a contractor, the contractor
relies and depends upon the careful and impartial performance of the
superintendent
• In the event that a Superintendent is not appointed, the Principal risks the
likelihood of lengthy mediations which will result in loss of time and money. The
Superintendent acts as a mediator and is likely to resolve contractual issues within a
short period of time, and or on site.
• The appointment of a qualified and experienced Superintendent avoids the risk of
the contractor suing the Principal on any construction contractual matters as the
Superintendent once again is able to resolve many matters outside the court.

8. The role of the Superintendent in Construction Contracts
References
Australian Standard. (1992) General conditions of contract (AS2124 - 1992), 1992).
City of Gold Coast. (2016). Council of the City of Gold Coast: Special Conditions of Contract AS 2124.
[online] Available at: http://www.goldcoast.qld.gov.au/documents/bf/special-conditions-as2124-
v1april2014.pdf [Accessed 24 Jul. 2016].
Constructionlawmadeeasy.com. (2016). Home - Minter Ellison. [online] Available at:
http://www.constructionlawmadeeasy.com/ [Accessed 25 Jul. 2016].
Discussions : Matt Anglim – Superintendent – Gold Coast Water [26 Jul. 2016]
Thank you for your time.