FIDIC contracts 2017—the role of the Engineer
Produced in partnership with Victoria Tyson of Corbett & Co
FIDIC contracts 2017—the role of the Engineer

The following Construction practice note Produced in partnership with Victoria Tyson of Corbett & Co provides comprehensive and up to date legal information covering:

  • FIDIC contracts 2017—the role of the Engineer
  • Who is the Engineer?
  • What is the Engineer’s role?
  • What are the Engineer’s duties?
  • Engineer’s Instructions
  • Agreement or Determination
  • What are the difficulties arising out of the Engineer’s exercise of his duties?
  • What are the common misconceptions about what the Engineer does/does not do?

This Practice Note considers the role of the Engineer under the FIDIC Red and Yellow Books 2017. For more information on these contracts, see Practice Notes: FIDIC contracts—introduction to the Red Book 2017 and FIDIC contracts—introduction to the Yellow Book 2017. The FIDIC Silver Book 2017 has an ‘Employer’s Representative’ rather than an Engineer and is outside the scope of this Practice Note (see Practice Note: FIDIC contracts—introduction to the Silver Book 2017).

For guidance on the role of the Engineer under the FIDIC Red and Yellow Books 1999 and the Pink Book 2010, see Practice Note: FIDIC contracts (pre-2017 editions)—the role of the Engineer.

Who is the Engineer?

The Engineer is ‘the person named in the Contract Data appointed by the Employer to act as the Engineer for the purposes of the Contract, or any replacement appointed under Sub-Clause 3.6 [Replacement of an Engineer]’ (Sub-Clause 1.1.35).

In the FIDIC Red and Yellow Book 2017 the Engineer may be a legal entity rather than an individual. The Engineer (or, if a legal entity, the natural person appointed to act on its behalf) is required to be a professional engineer (suitably qualified and experienced), and fluent in the language of the Contract. (Sub-Clause 3.1.) Professional engineers who are members of recognised institutions may be bound by additional codes of conduct too. Employers who have traditionally appointed project managers into

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