FIDIC "Engineer" vs design Engineer

[sdz]

FIDIC contracts use the term "Engineer" as the person appointed by the principal for contract purposes. We use the "Engineer" in our specifications to mean our company as the designer. We have had a problem where the site engineer has made decisions that should have been refered back to us as the designers.

Has anyone had a similar problem and how do you avoid it?

 

[Ashereng]

Put a name beside each title?

"Do not worry about your problems with mathematics, I assure you mine are far greater."
Albert Einstein
Have you read FAQ731-376 to make the best use of Eng-Tips Forums?

 

[BRIS]

The engineer's powers need to be delegated by the Employer and defined. The Enginneer does not have power to change the design.
In FIDIC the Engineer responsible for contract administration and the Engineer referred to in the specification is one and the same. Your assertion that they are two different people or entities is not corrrect.

If the contractor acted on a change from the site engineer without the site engineer having the delegated power to give the instruction then that is the contractor's problem.

If the Engineer has given an instruction that was within his delegated power to give, then it is a valid instruction.

 

[BRIS]

PS How to avoid it - you need to understand the role of the Engineer and ensure his duties are defined under sub clause 3.1 of the Particular Conditions (red book) .

The Engineer is not the "site engineer" and is not usually site based, except on large projects.

 

[dbuzz]

Isn't the party that you are referring to as the 'site engineer' actually the Principal's Contractor and your organisation the Principal's Engineer?

 

[sdz]

No. Under FIDIC the "engineer" is appointed by the principal, but does not need to be a professionally qualified engineer. The "engineer" fills the role of "superintendent" under Australian contract terms.

 

[BRIS]

Under FIDIC the engineer is appointed by the Employer.

Although the engineer does not need to be professionally qualified he is required to carry out his duties professionally and to appoint professionally qualified staff, as necessary, to assist him. Usually a firm of consulting engineers is named as the Engineer or a principal of a firm.

The Engineer is to be named in the form of tender and tenderers may take account of the competencies of the engineer when making their tender.