Who is the Superintendent?
In commercial contracts (AS4000), the Superintendent is a named person (often an Architect or independent PM) who administers the contract.
The Dual Role (The "Two Hats")
This is the most misunderstood concept in contract administration.
- Hat 1: Agent of the Principal. When issuing directions (e.g., "Paint this wall blue", "Stop work"), the Superintendent acts on behalf of the Client.
- Hat 2: Independent Certifier. When assessing value (Progress Claims) or time (EOTs), the Superintendent must act impartially and honestly, even if that means ruling against the Client who pays their fees.
Conflict of Interest: It is very difficult for a Client's Project Manager to act impartially. This is why many builders prefer independent Superintendents.
Good Faith & Practical Impartiality
- Transparency: Provide reasons and evidence for certifications; avoid arbitrary reductions.
- Consistency: Apply the same valuation principles across trades and months.
- Records: Keep a clear audit trail—if challenged, impartial documentation is your protection.
How Builders Should Work with the Superintendent
- Write it down: verbal directions are a risk. Confirm instructions in writing (politely, immediately).
- Make assessment easy: submit claims with clear backup—photos, measured quantities, dockets, and program snapshots for time impacts.
- Respond professionally: if you disagree with a certification, ask for reasons and propose a path to resolve (meeting + evidence).
- Don’t ambush: surprise claims at the end of the job are rarely treated well—notify as issues arise.
Practical takeaway: The Superintendent is a decision-maker under the contract. Clear notices, good evidence, and calm communication protect both time and money.