The position of superintendent in construction projects is one that is fraught with inherent conflict between the opposing interests of the principal and the contractor. The primary role of the superintendent is to provide determinations in respect to the variable factors involved in a construction project while having regard to the rights of the parties dependent on such determinations. The superintendent’s relationship to the principal is fundamentally closer than their relationship with the contractor as the superintendent receives its financial income from theprincipal and does not wish to jeopardize its relationship with its client. Such a relationship infers that the contractual obligations evinced under Clause 23 of the Australian Standards Contract2124-1992 are burdensome as the superintendent must ensure that their actions towards the contractor remain ‘honest, fair and reasonable’. Relevantly, the superintendent’s natural allegiance to the principal must be abstracted and they must form their opinions and determinations according to the predefined contractual terms or by legal constructs which clearly provide authority for such decisions. Of course, such a process of abstraction is inherently more difficult when the superintendent is an employee of the principal and has distinct contractual obligations in such a capacity as an employee
