FIDIC contracts 2017—the role of the Engineer

Produced in partnership with Victoria Tyson of Howard Kennedy (acquired Corbett & Co.)
Practice notes

FIDIC contracts 2017—the role of the Engineer

Produced in partnership with Victoria Tyson of Howard Kennedy (acquired Corbett & Co.)

Practice notes
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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 FIDIC 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). It forms part of the ‘Employer’s Personnel’ as defined in Sub-Clause 1.1.3.2.

In the FIDIC Red and Yellow Book 2017 the Engineer

Victoria Tyson
Victoria Tyson

Victoria Tyson is a director and a specialist international construction lawyer qualified to practise in England and Wales and Hong Kong. She has dealt almost exclusively with international construction law disputes since 1998 and has extensive experience in all forms of construction and engineering dispute avoidance and resolution. She has particular expertise in complex international arbitration and specialist knowledge of the FIDIC forms of contract. Victoria has worked on large construction projects around the world including airports, ports, motorways, railways, bridges, dams, water supplies, hydropower stations, wind farms, mines, oil and gas plants, and pipelines. She has worked with many bespoke and standard forms of construction contract, including FIDIC, NEC, ICE, JCT, and HKIA. Recently, she partnered with the Institution of Civil Engineers (ICE) Training and worked closely with the ICE Law and Contracts examination panel to develop a new portfolio of eLearning courses. Victoria has a construction background, qualifying with a degree in Building Management. She spent a year working for an architectural and surveying practice before embarking on her legal training, which she completed with Masons in London and Hong Kong. She spent a total of four years with Masons before joining the Construction Group of Herbert Smith’s Litigation and Arbitration Department. Upon her return to the UK Victoria joined Corbett & Co. where she was able to continue with her international focus.

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Jurisdiction(s):
United Kingdom
Key definition:
FIDIC definition
What does FIDIC mean?

The International federation of Consulting Engineers

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