Sep 142021
 

After nearly 2 years of consultation with different role players, PROCSA® has just published the 4.0 edition with effect from October 2017. Emphasis has been placed on the general terms and conditions of sale for matters of indemnification, assignment, termination and dispute resolution. Different definitions of the process have been either removed, added or modified. The clauses relating to the duration of the contract, the obligations of the client and the advisor, the limitation of liability, payment, the adjustment of fees and payments have all changed significantly for the better. In the case of a written contract, the contractor or the instructing party may sue the other party for infringement. Even if there is no written contract, a court may hold the principal liable for the actions of an agent. 1. Duty of loyalty: an agent owes his sponsor a general duty of loyalty. This means that the agent must subordinate his interests to those of the client when they enter into the agency relationship. An example of a breach of this obligation occurred when an employee responsible for deciding on construction projects began working for a construction company other than the independent contractor who would perform the same type of work. The worker did not tell his current employer and did make offers for both companies for the same jobs. Following legal proceedings, the trial judge found that the worker had breached his duty of loyalty.

[8] Individuals, particularly business owners, regularly employ or designate others to perform tasks on their behalf. Agency legislation sets out the rules governing how this relationship works. The agency is a legal notion of art that relates to the relationship between a client and an agent. [1] Find out how the relationship between the client and the agent can affect your business. Whether the Principle-Agent relationship is clearly expressed by a written contract or is implied by deeds, the Principal-Agent relationship establishes a fiduciary relationship between the parties involved. This means that the agent acting on behalf of the contracting entity must carry out the assigned tasks as a matter of priority in the best interest of the contracting authority. The two most common types of principle agent relationships in the company are internal and external. Many companies use a mix of internal and external agents. The nature of the relationship that the JBCC contract enters into between the contractor and the principal representative is such that the contractor draws up the contractual documents described in the schedule and the contract instructions issued to it by the principal representative.

The contractor has no obligation to plan or specify the work and the responsibility for providing this information lies with the employer. The agreement is therefore based on the separate and coordinated supply system and on all the assumptions of the purchasing strategy that would necessarily involve its use. There is a lot of advice between the principal representative and the contractor for the appointment of the selected subcontractor. It is a collaborative process and neither party can act unilaterally. In each scenario, the contracting authority is the person seeking the service or advice of a professional, while the agent is the skilled person performing the work. .

 Posted by at 12:04 pm

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