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The clerk of works is a full-time inspector of the works on behalf of the owner but exercises no executive authority and is usually under the direction of a contract administrator, superintendent or architect (depending on the contract). Clerk of works are sometimes referred to as site inspectors.
Generally, the involvement of a clerk of works has been less common in Australia in recent times. However, the benefits of a clerk of works as part of an overall contract administration service deserves consideration, particularly following recent building failures such as the 2017 Grenfell Towers fire (UK), the 2019 Lacrosse building fire (Melbourne) and the 2018 Opal Towers evacuation (Sydney). This practice note is therefore retained as a reference and guide to the traditional role of clerk of works.
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General
On large and/or complex building projects the owner and architect may agree that more frequent inspection of the works is required than the architect's usual inspection service as provided for in the client-architect agreement. The owner may therefore employ a clerk of works as an independent site inspector to provide more frequent inspections of the works. The clerk of works is usually selected by the architect and should be formally appointed directly by the owner, although the owner may authorise the architect, as the owner’s agent, to appoint the clerk of works.
The factors governing the decision whether or not to employ a clerk of works on a particular project could include:
- client requirements
- size of the project
- complexity
- location
- special conditions of contract
- coordination with other activities (eg occupation by stages, alterations to occupied building).
A clerk of works service is best provided by a specialist service provider similar to other consultancies.
Very large or complex projects may require the appointment of a clerk of works service provider consisting of more than one individual and encompassing more diverse trade skills experience. For example, some projects may require a specialist mechanical-services clerk of works in addition to a clerk of works for the other parts of the project. In such cases the division of inspection responsibilities should be clearly defined.
Role of the clerk of works
As full-time inspector on behalf of the owner, the clerk of works service provider has an important role on site, but exercises no executive authority and is under the architect's direction. Powers of the clerk of works are limited. The clerk of works may accept instructions only from the architect and may not give instructions to the contractor or subcontractors.
If a clerk of works is to be employed, special conditions such as the following should be included in the contract (in Schedule 2a in the case of ABIC contracts).
The owner is entitled to appoint a clerk of works provided that:
- the contract administrator, superintendent or architect must advise the contractor in writing of the identity of the person proposed to be appointed as clerk of works
- the contractor has the right of reasonable objection to the appointment of the person proposed by the architect provided that they advise the architect in writing within three working days of receipt of the architect's advice
- a clerk of works appointed by the owner will act solely as an inspector from day to day under the direction of the contract administrator, superintendent or architect
- the contractor will provide every reasonable facility for the clerk of works to perform their duties and extend every reasonable co-operation
- any specific facilities required by the clerk of works must be clearly defined in the contract.
Duties of the clerk of works
The principal duties of the clerk of works are inspection of the works and the provision of written reports (see Clerk of works weekly reports below) to the client, contract administrator, superintendent and/or architect. Other duties may include:
- checking the quality of materials delivered to the site for inclusion in the works and their conformity with the contract documents
- recording the on-site issue of drawings and other documents
- arranging materials tests and recording the results
- keeping records of meetings
- recording weather conditions
- recording the daily workforce
- checking claims for payment
- making recommendations to the architect.
Employment of a clerk of works
The clerk of works is usually appointed on the recommendation of the architect and employed and paid directly by the owner. However, in some circumstances they may be paid by the architect, as agent for the owner, and reimbursed by the owner.
The person who is the employer of the clerk of works assumes liability for their work. If the architect is the 'employer' the architect is supplying the clerk of works' services to the owner and is therefore liable for the performance of the clerk of works. The clerk of works' duty to inspect is more rigorous than that of the architect; therefore by employing the clerk of works the architect expands their own duty. It is therefore in the architect's interest not to employ the clerk of works.
In some states and territories there may be licensing or registration-board requirements governing the employment of clerks of works which must also be taken into account.
A service agreement for the clerk of works should include details of employment conditions, duties and responsibilities, and details of appointment.
Owner's and architect's responsibilities
Responsibilities in respect of the following matters should be particularly noted:
- Special conditions of contract should ensure that the contractor has a right of reasonable objection to the appointment of a particular clerk of works. In practice, the proposed appointment should be discussed with the contractor so that any potential objection can be resolved before the appointment is formally made.
- To avoid any uncertainty as to the responsibility for injury to the clerk of works the owner should take out relevant insurance. If the clerk of works is being paid by the architect, the architect should seek legal advice, or the advice of a suitable insurance broker regarding cover required, and ensure also that the owner has appropriate insurance.
- Workers' compensation or employers' liability insurance must be taken out by or on behalf of the owner. It is in the architect's interest to ensure that the policy is current.
Site accommodation
Accommodation for the clerk of works will obviously depend on circumstances, but the following example could be regarded as typical for a major project.
The specification would state: clerk of works services will be engaged on this project, the principal contractor is to provide adequate workspace for the clerk of works including desktop space for use of computer and for the preparation of reports and layout space for drawings, lockable office and/or lockable fixed filing spaces, access to wifi internet, power supply, handwashing and sanitary facilities (general site sanitary facilities acceptable).
The contractor shall provide:
- a suitably identifiable office of 20 sq metres including floor covering, ventilation, artificial and natural lighting, power, cooling and/or heating as applicable, and security
- furniture including a desk (with lock-up drawer) for each occupant, suitable chairs, one or more filing cabinets, a drafting or set-out table, appropriate drawing/document storage, a reference table, a clothes locker and a minimum of 10m of shelving for materials and samples
- tea-making facilities
- telephone
- computer workstation connected to the internet
- sanitary facilities
- the contractor shall maintain the clerk of works site accommodation and sanitary facilities, with normal services of cleaning, repairs and maintenance.
Clerk of works weekly reports
As a guide, the clerk of works should prepare weekly reports covering the progress of the works and reports on any special matter when requested.
Typically, the clerk of works should keep a daily record and diary of events and matters affecting the works including the following:
- weather conditions and effects on progress
- number and trades of works on site
- sub-contractors and others on the site
- visitors including representatives and inspectors of the works
- materials delivered to the site and a record of inspections of materials
- site conferences held
- verbal and written instructions received from the architect
- instructions and advices issued to the contractor
- drawings and other construction documents received and issued to the contractor
- materials tests and other standards tests made or taken on the site
- labour and other disputes, accidents, damages and other incidents affecting the works and its progress
- delays to the contract, any causes or reasons for the delay, and the effects of the delays.
References
Australian Institute of Architects (2019) Construction quality and building confidence – SA , Australian Institute of Architects website.
Australian Institute of Architects (2019) Eyes onsite: architects respond to 7.30, Australian Institute of Architects website.
Australian Institute of Architects (2019) Response to the NSW Government Building Stronger Foundations Discussion Paper, Submission to Fair Trading NSW 2019 [PDF], Australian Institute of Architects.
Michael Hegarty (2019) Bring back the clerk of works, ACA website.
Disclaimer
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