Demystifying the Role of Engineer beneath FIDIC Forms

The contractual ‘engineer’ could be anyone designated as the Engineer under the contract. As per clause 1 in any standard form, the engineer and his representatives (assistants and inspectors named under FIDIC versions to represent the engineer) are two different personalities. The engineer’s representative is appointed by the employer to perform the duties delegated under another clause (clause 3 under new forms). It is the engineer who shall notify such an assignment of duties and delegation of authority to the contractor in writing indicating the extent of authority to act as the engineer’s representative. This clause sets out the duties of the engineer’s representative, basically to watch and supervise works, and test and examine materials to be used and workmanship employed in connection with the works.  However, the engineer’s representative has no authority to relieve the contractor of any duties or obligations under the contract except as expressly provided in the contract, order any work involving delay or extra payment, and make any variation. The engineer also can not amend the contract.

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