QScope

Construction Act

Who is the contract administrator on your job, and why it matters

Half the payment problems in this series start the same quiet way: the builder sends the application to whoever replied last, and the person who was actually supposed to certify never sees it. Ten minutes establishing who runs the contract prevents months of arguing about what silence meant.

QScope Team·21 July 2026·5 min read

On an administered contract, the client appoints someone, an architect, a surveyor, anyone the contract names as contract administrator, to run it: value the work, issue the certificates, grant the extensions, certify completion. Two things about that role are counterintuitive and both matter to your money.

They are the client’s appointee, but not the client’s mouthpiece

The client pays them, yet when certifying they are required to act fairly between the parties, the certificate is supposed to be an honest valuation, not the client’s negotiating position. That standard is worth knowing because it frames every challenge: a certifier who simply does what the client wants is failing their own role, and adjudicators know it. It also means the certifier is not the person who owes you money: the client is. The certificate feeds the machinery; the debt is the client’s, which becomes important the day the certifier goes silent.

Why the name matters to the Construction Act machinery

On jobs the Act covers, the payment notice after each due date can be given by the payer or by a specified person on their behalf (section 110A), and on administered contracts that is the certifier: their certificate usually is the payment notice. Which means:

  • Your application goes where the contract says, in the form it says, or its status as the fallback notice is arguable, the application mechanics are here.
  • The silence that triggers the default machinery is the silence of the right person. If the certifier was supposed to issue the notice and nobody did, the payee default route opens; but proving silence starts with proving you served the right recipient.
  • Instructions have an owner too: the person who can order variations is defined by the contract, and it is usually the administrator, not the client’s partner walking the site on Sunday, who can instruct has its own page.
The day the contract is signed, write three lines in the job file: who administers, who gets applications and in what form, who can instruct. Every notice argument for the rest of the job will be settled by those three lines.

When there is no administrator at all

On plenty of small jobs, nobody administers: you deal with the client directly. The machinery does not disappear, it just loses its middleman: the client is the payer, your applications go to them, and their silence is the silence that matters. In that world your own paperwork carries the whole load, which is why the dates schedule and clean applications matter most precisely on the jobs with the least professional supervision.

On a job for someone living in the house

A domestic job can be administered too, an architect running a homeowner’s extension is common, but remember which rulebook applies: with a residential occupier the Act is off (section 106), so the certificate means what the contract says and there is no statutory default notice behind it. The administrator’s role is then purely contractual, and the practical advice doubles: know who they are, send everything through them, and keep the client copied, because the client is still the one who owes you.

What to do this week

1. Write the three lines for every live job: administrator, application route, instruction authority. From the contract, not from habit.

2. Fix your addressing: applications to the named recipient in the named form, client copied. One email template, used every month.

3. If you have been sending applications to the wrong person, regularise now: resend the current one correctly and note the change, before you need to rely on anyone’s silence.

Where the information stops

Whether a certifier’s conduct has crossed from slow into something the client answers for, and whether your past applications were validly served, are questions on your documents; take the file to a professional before building a claim on either.

Keep reading

Related