Vous êtes sur la page 1sur 25

6CN011 Contract Law and

Dispute Resolution (Qatar)

Lecture 3
Roles of Engineer &
Contractor

Overview of Lecture No.3


To cover:
Some roles of the Engineer under
FIDIC
Some roles of the Contractor under
FIDIC

The Engineer (Clause 3):


Roles of

Engineers Duties and Authority (3.1)

Not a party to the Contract but acts as Agent for


the Employer

Note:

3.1 (b) Engineer cannot relieve a party to the


Contract of their responsibility therein
3.1 (c) Contractors responsibility for
methods of construction and temporary
works design unaffected by Engineers
approval
3

The Engineer (Clause 3):


Roles of

Delegation by the Engineer in writing to


(3.2)

Independent inspectors
Resident Engineer (R.E.) and assistants
(These must be qualified and fluent)
R.E. and Assistants to act as only empowered:
Their failure to certify works not deemed
the works have been accepted
Engineer can confirm, reverse or vary
decisions of R.E. and Assistants
4

The Engineer (Clause 3):


Roles of

The principal duties of the Resident Engineer


include:
Supervise and check that the works conforms to
the drawings and specification;

Organise and supervise any tests;

Keep daily records: progress, labour and plant,


problems, weather
Examine the Contractors programme and
method statement;
Check temporary works design;
Ensure that the site operations do not prejudice
the safety of their own staff;
5

The Engineer (Clause 3):


Roles of

The principal duties of the Resident Engineer


include:
Measure the quantities of work;
Ensure that satisfactory records are kept (for
payment);
Keep as built drawings.

The Engineer (Clause 3):


Roles of
Instructions of the Engineer (3.3)
Can vary the works
Can be issued directly or by an
Assistant
Can be issued at any time

To be in writing when practicable


Contractor can confirm oral instruction
in writing within 2 working days
7

The Engineer (Clause 3):


Roles of

Engineer empowered to make


Determinations on any matter(3.5)
To consult each party
To be fair
To notify both parties of any decision
Both parties to comply with the
decisions

The Engineers role

Engineer to be available for tests and to


certify tests and works (Details in
Lecture No.4)

Engineer to notify Contractor of


commencement date; instruct
Contractor to suspend work, etc.

(Details in Lecture No.5)


9

The Engineers role

Engineer to measured the works but notify


the contractor upfront, etc. (Clause 12)
Engineer can Vary the works and assess
the consequence in terms of time and cost
(Clause 13)
Engineer can (re)assess the Contract Price
and Payment, issue Interim/final Payment
Certificates, etc. (Clause 14)

(Details in Lecture No.6)


10

Re: The Engineers role


In-class exercise
The Engineer is expected to make
certain Determinations under
Clause 3.5 of the FIDIC form
Identify a minimum of 6 issues on
which the Engineer is required to
make a determination.
11

The Contractor (Clause 4):


Roles of

The Contractors General Obligations (4.1)

Construct and complete the works (permanent


and temporary)
Safety of all site operations
Design the works (as specified)
Comply with Engineers instructions
Remedy any defects
Give all notices & pay all fees
Provide a Performance Security and take out
insurances
On completion; provide documents to enable
Employer use the facilities
12

The Contractor (Clause 4):


Roles of

Obtain a valid and enforceable performance


security (4.2)
Appoint a representative, with the consent
of the Engineer (4.3)
Representative to direct the Contractors
operations
Representative to receive instructions
from the Engineer
Representative can delegate their roles
by notifying the Engineer
13

The Contractor (Clause 4):


Roles of

Can sublet some (but not all) of the Works


(4.4)
Contractor shall not hinder works by the
Employers side and constituted public
authorities (4.6)
Set out the Works accurately as informed
(4.7)
Work with due diligence to safety (4.8)
Provide temporary facilities e.g fencing,
roadworks (4.8)
Implement and notify Engineer of quality
14
assurance system (4.9)

The Contractor (Clause


4):
Site Dataof
(Sub clause 4.10)
Roles

Employer must make available to the Contractor,


28 days prior to the submission of the Tender,
all relevant site data in their possession on the
sub-surface and hydrological conditions
including environmental aspects

15

The Contractor (Clause 4)

Site Data (Sub clause 4.10)

Contractor is responsible for interpreting any


information on the nature of the ground, subsoil and
hydrological conditions, pipes and cables.
Contractor not expected to execute additional
boreholes
prior to tender. The Contractor is deemed to have
based their tender on the information made available
by
the Employer and on their own inspection and
examination.

16

Unforeseen ground conditions (4.12)


(cont)
If contractor suffers delay and/or extra
costs
due to adverse physical conditions, he
should be entitled, subject to Subclause
20.1 [Contractors Claims] to:

An extension of time for any delay


[under sub-clause 8.4], and
Payment of any such cost

17

Unforeseen ground conditions (4.12)


(cont)
After receiving such notice Engineer should proceed in accordance
with
sub-clause 3.5 Determinations to agree or determine:

Whether the conditions were unforeseeable, and

Establish the extension of time and payment of cost


Note the Engineer should consider if any conditions were more
Favourable than could have reasonably been foreseen
Engineer might take account of of available evidence at Tender
e.g.
extent of site information made available, extent of SI carried out
by
18
Contractor

Roles of the Contractor

Not interfere with roads, footpaths


and public convenience
unnecessarily (4.14)
Not cause damage to roads, bridges,
etc. (4.15)
Responsible for (his own) resources
(4.16&4.17)
Protect the environment (4.18)
19

Progress Reports (4.21)

Critical document not only acts as a


monitor on progress they also act as a
condition of payment

Progress reports
Photographs
Manufacturers info
Cs personnel & equipment
Q.A. documents
List of notices given under claims
Safety statistics
Comparison actual/planned progress
20

Case: Edward Lindenberg v Joe


Canning and Others

A engaged B to work in the basement of a block of


flats
Drawings produced by As Surveyor showed a nonload-bearing 9-inch internal wall + chimney breast
B demolished the wall without propping the upper
floor + without precaution
Consequently, the floor above deflected.
A then sued B
B argued they were blameless because they
followed the drawings and assumed no support was
needed
Who is to blame?
21

Edward Lindenberg v Joe


Canning and Others

A sued B: Who is to blame?

Held:
Defendant should have doubted the
correctness of the drawings as the
chimney breast and 9-inch thickness
suggested a load-bearing wall.
(NB: Though this case is not based on
FIDIC; the FIDIC places a duty of care
and safety in the mode of operations of
the Contractor)

22

Contractors role

Identify other roles of the


Contractor under a FIDIC Contract

23

In summary

Both the Engineer and Contractor


have several roles to play in a
FIDIC Contract
Engineer and Contractor to support
each other, protect the
environment and keep each other
informed.
24

Lecture No.3 has covered:

Some roles of the Engineer under


FIDIC
Some roles of the Contractor under
FIDIC

25