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Powers of Engineer
Contractual Relations
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Where the Services a) have due regard to the third party contract
White include the
exercise of
provided that the details of such powers
and duties are acceptable to him and
agreed in writing where they are not
powers or
Book performance of
described in Appendix 1 (Scope of
Services);
duties authorised b) if authorised to certify, determine or exercise
or required by discretion do so fairly between the Client
the terms of a and third party not as an arbitrator but as
contract between an independent professional exercising his
Clause 3.3.2 the Client and judgement with reasonable skill, care and
diligence; and
any third party,
the Consultant c) if so authorised vary the obligations of any
4. Auflage third party, subject to obtaining the prior
may: approval of the Client to any variation
which can have an important effect on
costs or quality or time (except in any
emergency when the Consultant shall
inform the Client as soon as practicable

Due skill and care

Normal, additional and exceptional services
Scope of Services
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INTERNATIONAL FEDERATION OF CONSULTING ENGINEERS

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Chart: Actions of the Engineer (FIDIC Red Book)
Start A new event becomes apparent

List of events, Cl. 8.6, 8.3, 1.5,

Which kind of 9.1 etc. to be established
event?

Actual progress is too slow to complete within the

List of actions to be
established
Determination of a claim (Cl. 3.5)
To approve, certify (Cl. 20.1, 14, 13.2)
Instruction (Cl. 1.5, 13.1, 7.6 etc.)
To examine, to inspect, to test, to
measure (Cl. 3.1)
Time for Completion (Cl. 8.6) or a Variation seems
to be appropriate (Cl. 13.1 ff.)
A claim has been notified by the Contractor or the
Employer
Application for Payment (Cl. 14)
The Contractor gives notice of the date after which
the Contractor will be ready to carry out Tests on
Completion (Cl. 9.1)
C gives notice that work is ready (Cl. 7.3) etc.

Request of proposal (Cl. 13.3) Contractor submits a proposal (Cl. 13.2, 13.3)

Action of the Engineer A defect appears or a damage occurs (Cl. 11.1) or

work is not in accordance with the Contract (Cl.
Finish 7.6) etc.
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Actions of the Contract Interpretation Cl. 1.5 with conse-

Engineer quence of variation

Quality of Works and Cl. 7.4, 7.6, 9.4,

Workmanship 11.1, 11.3, 11.4
List of actions to be
established Payment Certification Cl. 14

•!Approval Taking-Over Cl. 10

•!Check
•!Certificate
•!Consent Variations Cl. 13
•!Determination
•!Disapproval
•!Examination
•!Inspection Cost Management White Book
Cl. 13.2
•!Instruction
•!Notice
•!Proposal Time Management Cl. 8.3, 8.6, 8.1
•!Request
•!Suspension
•!Test Claim Determination Cl. 2.5, 3.5
•!Valuation

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Settlement by
Agreement

Notice
Referral Interim
Dispute of Intention
to refer Dispute to DAB or final
to DAB

Nomination
Decison
28 days by DAB

Time line

no delay no delay 84 days

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FIDIC Dispute Resolution Stages

Dispute Sub-Clause 20.4

DAB Procedure 20.2, 20.4

Decision 20.4

Amicable Settlement 20.5

Arbitration 20.6, 20.7

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Engineer

Determination Rejection Nomination DAB

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Engineer
Permanent
DAB

Nomination
Determination Rejection DAB
if necessary

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Engineer
Permanent
DAB

Nomination
Determination Rejection DAB
if necessary

Certificate …,
DAB Decision Decision on the merits
Determination
No appeal

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