Contract Administrators legal obligations after resigning

wazzoraybelle

Hi,

I'm wondering if there is a legal obligation on a contract administrator to hand over all documentation relating to the contract to a new administrator. Would it be a civil or criminal matter if they refused?

Thanks,

Wazzo

Mr. Incognito

This is legal advice my friend.

However you have no proprietary right to any documents prepared you in the course of your employment as they belonging to your employer.

wazzoraybelle

Thanks, I am of course speaking hypothetically, and wondering where the law stands in relation to documents held by a third party (a contract administrator who has resigned) that pertain to any contract (not necessarily employment) between two other parties.

Mr. Incognito

You are not a third party.

You are an ex employee. The documents were obtained in the course of your employment. They do not belong to you. It doesn't matter if its your contract, information obtained in the course of your employment, client lists, even if you have invented to formula for coca cola.

You must give them back.

wazzoraybelle

Thanks again,

When I wrote the OP I wasn't thinking about an employment contract. I was more thinking of general contracts, for example a construction contract, where documented post contract variations would need to be inspected by an incumbent administrator.

Victor

Mr. Incognito wrote: »

This is legal advice my friend.

However you have no proprietary right to any documents prepared you in the course of your employment as they belonging to your employer.

A contract administrator (CA) is the referee between the client and contractor on a construction contract. Often they are also the architect if it is a building contract or the engineer if it is an engineering contract. Usually they are independent of either party, but that isn't guaranteed.

For this thread, I'm assuming the CA isn't an employee of one of the parties to the construction contract. Under contract law, a CA in a construction contract might not be bound by the construction contract as such. However, the contract would need to be read carefully. The CA's documents would likely be copyright of the CA, so if someone wants them, they will have to be paid for.

They would be bound by whatever contract they have with the employer (building client). However, there may be a breach of that contract, e.g. the employer hasn't paid them. Conversely, the CA may be in breach of contract, e.g. not performing required activities and has been fired by the employer. This could be an imprudent course of action.

As the CA is a key decision maker and has key records, there may be an equitable obligation on them to complete their work, but a converse obligation for them to be paid.

If this is anything but a college assignment, get thee to a solicitor familiar with construction contracts and possibly also a quantity surveyor.

wazzoraybelle

Thanks Victor,
Certainly this is along the lines I was aiming at in the OP.

In my hypothetical situation I was thinking more along the lines that there was no outstanding claim for monies from the CA. They had just resigned and walked away from further administering the contract. Reasons for withholding the contract documentation could well be that the CA had been negligent and he/she didn't want this exposed. I imagine that there can be many contract documents which would not be the copyrighted material of the CA, i.e. written variations from the contractor to the CA, and I'm assuming that all payments have been made with regards to the construction design.

Given the potential consequences that the absence of the complete document schedule can have on the further performance of a contract I thought that there must be some legal framework to prevent a third party like a CA from frustrating a contract.