The following Construction practice note Produced in partnership with Victoria Tyson of Corbett & Co provides comprehensive and up to date legal information covering:
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.
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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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.What is a Part 8 claim?A Part 8 claim is a claim
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. The key implications for civil appeals are set
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