FIDIC contracts (pre-2017 editions)—the role of the Engineer
Produced in partnership with Victoria Tyson of Corbett & Co
FIDIC contracts (pre-2017 editions)—the role of the Engineer

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

  • FIDIC contracts (pre-2017 editions)—the role of the Engineer
  • Who is the Engineer?
  • What is the Engineer’s role?
  • What are the Engineer’s duties?
  • What are the difficulties arising out of the Engineer’s exercise of their 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 1999 and the Pink Book 2010.

The FIDIC Silver Book 1999 and the FIDIC Gold Book 2008 have an ‘Employer’s Representative’ rather than an Engineer and are outside the scope of this Practice Note. While under the FIDIC Gold Book, the Employer’s Representative has a similar role to that of the Engineer—the position of the Employer’s Representative under the FIDIC Silver Book is significantly different.

In relation to the 2017 editions of the FIDIC Red and Yellow Books, see Practice Note: FIDIC contracts 2017—the role of the Engineer.

Who is the Engineer?

The Engineer is 'the person appointed by the Employer to act as the Engineer for the purposes of the Contract and named in the Appendix to Tender, or other person appointed from time to time by the Employer and notified to the Contractor under Sub-Clause 3.4 [Replacement of the Engineer]'. (Sub-Clause 1.1.2.4.)

'Person' includes 'corporations and other legal entities, except where the context requires otherwise'. If the Engineer is a company, an individual may be named but it is the company, and not that individual, who comprises the Engineer as defined. (Sub-Clause 1.1.)

That person must have been both (i) appointed by the Employer, and (ii) named in the Appendix to Tender. This gives the Contract