Jurisdiction(s):
United Kingdom

Key definition

Consultants definition

What does Consultants mean? In construction and development projects, consultants are the professional advisers engaged by the employer (client) to deliver design, cost management and project management services. The term is descriptive rather than defined by legislation or case law, though standard forms (for example JCT, NEC, RIAI and GCCC) may define it for contract purposes. Typical consultants include the architect, quantity surveyor, project manager, structural or civil engineer, and building services (MEP) engineer. They are often referred to collectively as the professional team. Key legal features include appointment under a professional services agreement, a duty to exercise reasonable skill and care (fitness...

Consultants as certifiers under construction contracts: decision-making duties, impartiality, conflicts of interest, liability to employer and contractor, and employer self-certification

Published by a LexisNexis Construction expert

Practice notes

Consultants carrying out the role of certifier

Consultants including employers’ agents, Contract administrators, Project managers and architects are frequently called upon to serve as certifier under a Building Contract. By way of illustration, across several JCT forms, such as the Standard Building Contract and the Intermediate Building Contract, the architect/contract administrator must make a range of determinations, notably issuing the practical completion certificate and the certificate of making good (see also Practice Note: Administration of construction contracts). Under the JCT Design and Build Contract 2011/2016/2024, this function is undertaken by the employer’s agent. Within the NEC3/NEC4 suites the project manager fulfils the certifier role, and comparable positions exist in other standard forms (see, for instance, Practice Note: FIDIC contracts 2017—the role of the Engineer). Performing as certifier places the consultant in a decision‑making position and imposes duties to act fairly and with impartiality between employer and contractor. When engaged solely for one party, consultants would not ordinarily owe such obligations. Such functions are exercised under the relevant contract terms and procedures, rather than purely as an advocate for one side alone.

What needs to be certified?

There are many points during construction projects when decisions must be reached and a certification...

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Web page updated on 21/05/2026

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