The roles and responsibilities of the

Engineer:

● The Employer appoints the

Engineer, who carries out duties
assigned to them in the contract.
The Engineer's staff shall include
suitably qualified engineers and
other professionals who are
competent to carry out these duties.
●
● The Engineer does not have the
authority to amend the contract.
●
● The Engineer may exercise the
authority attributable to the
Engineer as specified in or
necessarily to be implied from the
Contract. If the Engineer is required
to obtain the approval of the
Employer before exercising a
specified authority, the requirements
shall be as stated in the Particular
Conditions. The Employer shall
promptly inform the Contractor of
any change to the authority
attributed to the Engineer.
●
● The Engineer shall act for the
Employer when carrying out duties
or exercising authority specified in
or implied by the contract. The
Engineer does not have the
authority to relieve either party of
any duties, obligations, or
responsibilities under the contract.
● Any approval, check, certificate,
consent, examination, inspection,
instruction, notice, proposal,
request, test, or similar act by the
Engineer (including absence of
disapproval) shall not relieve the
Contractor from any responsibility
they have under the Contract,
including responsibility for errors,
omissions, discrepancies and non-
compliances.
● The Engineer shall obtain the
specific approval of the Employer
 before taking action in a number of
specific areas, including but not
limited to: agreeing or determining
an extension of time and/or
additional cost, instructing a
Variation, approving a proposal for
Variation submitted by the
Contractor, and specifying the
amount payable in each of the
applicable currencies.
● If, in the opinion of the Engineer, an
emergency occurs affecting the
safety of life or of the Works or of
adjoining property, they may
instruct the Contractor to execute
all such work or to do all such
things as may be necessary to
abate or reduce the risk. The
Contractor shall comply with any
such instruction, despite the
absence of approval of the
Employer. The Engineer shall
determine an addition to the
Contract Price, in respect of such
instruction, in accordance with
Clause 13 and shall notify the
Contractor accordingly, with a copy
to the Employer.
● The Engineer may assign duties
and delegate authority to
assistants, including a resident
engineer and/or independent
inspectors appointed to inspect and/
or test items of Plant and/or
Materials. The assignment,
delegation or revocation shall be in
writing and shall not take effect until
copies have been received by both
Parties.
● The Engineer may issue
instructions and additional or
modified Drawings which may be
necessary for the execution of the
Works and the remedying of any
defects, all in accordance with the
Contract. The Contractor shall only
take instructions from the Engineer,
or from an assistant to whom the
appropriate authority has been
 delegated. If an instruction
constitutes a Variation, Clause 13
[Variations and Adjustments] shall
apply.
● Whenever these Conditions
provide that the Engineer shall
proceed in accordance with Sub-
Clause 3.5 to agree or determine
any matter, the Engineer shall
consult with each Party in an
endeavor to reach agreement. If
agreement is not achieved, the
Engineer shall make a fair
determination in accordance with
the Contract, taking due regard of
all relevant circumstances.
● The Engineer shall give notice to
both Parties of each agreement or
determination, with supporting
particulars. Each Party shall give
effect to each agreement or
determination unless and until
revised under Clause 20 [Claims,
Disputes and Arbitration].
● If an ambiguity or discrepancy is
found in the documents, the
Engineer shall issue any necessary
clarification or instruction.
● The Engineer is responsible for
preparing records when any
Permanent Works are to be
measured from records. The
Contractor shall, as and when
requested, attend to examine and
agree the records with the Engineer,
and shall sign the same when
agreed. If the Contractor does not
attend, the records shall be
accepted as accurate.
● Unless otherwise stated in the
Contract, the Engineer shall agree
or determine the Contract Price by
evaluating each item of work,
applying the measurement agreed
or determined and the appropriate
rate or price for the item.
● Until such time as an appropriate
rate or price is agreed or
determined, the Engineer shall
 determine a provisional rate or
price for the purposes of Interim
Payment Certificates.
● The Contractor shall pay to the
nominated Subcontractor the
amounts which the Engineer
certifies to be due in accordance
with the subcontract.
● Before issuing a Payment
Certificate which includes an
amount payable to a nominated
Subcontractor, the Engineer may
request the Contractor to supply
reasonable evidence that the
nominated Subcontractor has
received all amounts due in
accordance with previous Payment
Certificates, less applicable
deductions for retention or
otherwise.
● The Engineer may, after receiving
any notice under Sub-Clause 20.1,
monitor the record-keeping and/or
instruct the Contractor to keep
further contemporary records. The
Contractor shall permit the Engineer
to inspect all these records, and
shall (if instructed) submit copies to
the Engineer.
● Within 42 days after receiving a
claim or any further particulars
supporting a previous claim, or
within such other period as may be
proposed by the Engineer and
approved by the Contractor, the
Engineer shall respond with
approval, or with disapproval and
detailed comments. They may also
request any necessary further
particulars, but shall nevertheless
give their response on the principles
of the claim within such time.
● The Engineer shall agree or
determine the extension (if any) of
the Time for Completion (before or
after its expiry) in accordance with
Sub-Clause 8.4 [Extension of Time
for Completion], and/or the
additional payment (if any) to
 which the Contractor is entitled
under the Contract.

The Contractor is directed to give notice to

the Engineer. Likewise, the Engineer will
frequently give notice to the Contractor.
These notices often relate to requests for
information, clarification, approvals, and
scheduling.
When entering into a contract where the
"FIDIC-Red-Book 1999" is the governing
document, It is recommended that
consultations with a qualified legal
professional for advice specific to your
situation.