THE ROLE OF THE ENGINEER
IN FIDIC CONTRACTS

What exactly is the roles and responsibilities of the Engineer in FIDIC contracts? In this article we answer this question.

  •   ARTICLE:

    THE ROLE OF THE ENGINEER IN FIDIC CONTRACTS

  •   AUTHOR:

    FRANS TALJAARD

  •   YEAR:

    2025

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In FIDIC contracts, the engineer plays a pivotal role as a neutral intermediary.


The Responsibilities of the Engineer:

Administering the contract and ensuring compliance.
Certifying payments and variations.
Acting as an arbitrator for disputes, with an obligation to remain impartial.


Variations and Adjustments

FIDIC Conditions provide robust mechanisms for handling changes in the project scope:
Variation Orders: Allow the employer to instruct changes in the work, with provisions for adjusting time and cost.
Price Adjustments: Consider factors such as inflation, changes in legislation, or fluctuations in material costs.


Dispute Resolution Mechanisms

FIDIC contracts emphasize dispute avoidance and efficient resolution through:
Dispute Avoidance/Adjudication Boards (DAABs): Standing panels that provide binding decisions on disputes during the project.
Amicable Settlement: A mandatory step before escalating disputes.
Arbitration: As the final recourse, governed by the rules of the International Chamber of Commerce (ICC) or other agreed bodies.


Extensions of Time (EOT)

FIDIC Conditions recognize the realities of construction and provide detailed clauses for granting EOTs in cases of:
Unforeseeable delays (e.g., adverse weather conditions).
Variations instructed by the employer.
Delays caused by the employer or other contractors.