PCM-Lecture08-Responsibility-of-RPR

PCM-Lecture08-Responsibility-of-RPR - Project and...

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Unformatted text preview: Project and Construction Management Project and Construction Management Lecture #08 Lecture #08 The Authority and Responsibilities f the of the Resident Engineer (RPR) L. Prieto-Portar 2010 Authority in a Project. Successful projects ensue from well-coordinated team efforts. A key member of the project team is the Resident Project Representative ( RPR ) and his/her inspectors. They are the day-to-day eyes and ears of the owner and the designers. Their authority is derived from the role they play. Contractors may also have an RPR on their team, to carry out in-house inspections. This role is part of the contractor quality control ( CQC ). ost of the project team players are rganizations not individuals (such as, Most of the project team players are organizations , not individuals (such as, partnerships, corporations, joint-ventures, municipality agencies, etc). Yet, the ability of an organization to make a timely decision is usually low to very low. That is why it is vital to grant authority to the RPR to make quick and informed decisions via the “ One-to-One Concept” . Agency Relationship. The designation of a RPR (or “inspector” or “the agent”) by the owner or the A/E to act on its behalf is called an agency relationship . From then on, the owner is bound by the acts and omissions of the RPR . Actual Authority. The agency relationship is established by the owner to the RPR through an express grant of its authority in the contract documents, wherein the RPR must be mentioned by name (a particular individual). Public agencies rely on this agency relationship because statutes protect them from acts and decisions of unauthorized individuals. Apparent Authority. The owner may consent to an agency relationship by allowing another party to operate with the appearance of authority . If this situation is not recognized, or resolved, the contractor will legally be able to hold the owner accountable for the acts of the “apparent agent”. Owner must quickly remedy the apparent authority with a written designation of a sole individual to serve as the RPR . Even this tardy remedy may not work if the contractual disclaimer is being waived by a persistent pattern of conduct that is inconsistent with the terms of the contract. The owner may actually ratify this appearance of authority from an unauthorized person through silence or acquiescence. The action of the unauthorized persons will bind the owner to all actions and omissions in a court of law. Delegation of Authority. The delegated RPR can in turn delegate his authority to one or several inspectors. The owner delegates authority to the RPR “ or his or her designated representative ”....
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PCM-Lecture08-Responsibility-of-RPR - Project and...

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