Clause 3.1 “Engineer’s Duties and Authority
The purpose of Clause 3.1 is to define the role, duties, and authority of the Engineer in the contract. The Engineer is a key figure in the contract, acting as the agent of the Employer for certain functions and having a duty of fairness where the contract requires the Engineer to make a determination.
👉Read Here: Clause 3.1
Clause 3.2 Delegation by the Engineer
The clause allows the Engineer to delegate any of his duties and responsibilities to other persons, apart from the approval or consent whose delegation may be restricted in the Contract. The Engineer may also revoke such delegation after notifying the Contractor. However, any delegation or revocation doesn’t alter the Engineer’s obligations.
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Clause 3.3 Instructions of the Engineer
The purpose of Clause 3.3 is to establish the authority of the Engineer to issue instructions to the Contractor. These instructions may include administrative orders, directions for variations, or other necessary instructions for the execution of works according to the contract. It is crucial for maintaining the quality of work, ensuring adherence to the contract, and facilitating smooth project execution.
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Clause 3.4 – Replacement of the Engineer
Clause 3.4 of the FIDIC Yellow Book 1999, titled “Replacement of the Engineer”, provides the Employer with the right to replace the Engineer. The Engineer is a key figure in FIDIC contracts, acting as the agent of the Employer and having numerous responsibilities, including supervising the execution of the works, certifying payments, and making determinations and decisions on various matters.
👉Read Here: Clause 3.4
Clause 3.5 Determinations
Clause 3.5, titled “Determinations,” is a critical part of the FIDIC Yellow Book 1999. It outlines the process for making determinations when a claim arises during the execution of a contract. The clause stipulates that the Engineer must consult with each party in an attempt to reach an agreement. If an agreement cannot be reached, the Engineer is then required to make a fair determination considering all relevant circumstances. This determination is binding on all parties until it is revised by the Dispute Adjudication Board (DAB) or through arbitration.
