R 2017

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Questions and Answers

What is the Engineer required to do before exercising a specified authority?

Notify the Engineer's Representative

Seek approval from the Contractor

Obtain the consent of the Employer as stated in the Particular Conditions (correct)

Consult with the FIDIC organization

Under what circumstances can the Engineer exercise authority without the Employer's consent?

When seeking approval for a valuation

When exercising authority under Sub-Clause 3.7 [Agreement or Determination] (correct)

When making a proposal to the Employer

When issuing a Notice to the Contractor

What is the consequence if the Engineer exercises a specified authority requiring the Employer's consent without obtaining it?

The Particular Conditions are amended

Such consent shall be deemed to have been given (correct)

The Contractor is relieved from any duty

The Engineer's authority is revoked

What effect does the Engineer's acceptance, approval, or similar act have on the Contractor's responsibilities?

Does not relieve the Contractor from any duty, obligation or responsibility Signup and view all the answers

Who can impose further constraints on the Engineer’s authority?

The Employer Signup and view all the answers

What is the Engineer required to do if the Employer's consent is needed for exercising a specified authority?

Follow the requirements as stated in the Particular Conditions Signup and view all the answers

What is the role of the Engineer’s Representative?

To assist the Engineer Signup and view all the answers

What is the time limit for giving a Notice of Dissatisfaction (NOD) after receiving the Engineer’s Notice of determination?

28 days Signup and view all the answers

If no NOD is given within the specified period, what happens to the Engineer’s determination?

It becomes final and binding Signup and view all the answers

What is the consequence if a Party fails to comply with a final and binding determination of the Engineer?

It may be referred directly to arbitration Signup and view all the answers

What is the purpose of a management meeting as per the text?

To discuss arrangements for future work and other matters Signup and view all the answers

Who is allowed to attend a management meeting?

The Engineer, Contractor’s Representative, other contractors, public authorities personnel, and/or Subcontractors Signup and view all the answers

What should be done if a Party is dissatisfied with only part(s) of the Engineer’s determination?

The dissatisfied part(s) should be clearly identified in the NOD Signup and view all the answers

What happens if a Party fails to comply with an agreement of the Parties under Sub-Clause 3.7 or a final and binding determination of the Engineer?

The failure may be referred directly to arbitration Signup and view all the answers

What should the dissatisfied Party state in the NOD?

It should state that it is a “Notice of Dissatisfaction with the Engineer’s Determination” and set out the reason(s) for dissatisfaction Signup and view all the answers

What should the Engineer do after a management meeting?

The Engineer should keep a record of the meeting and supply copies to those attending and to the Employer Signup and view all the answers

If the Engineer's Representative is absent, what action must be taken?

An equivalently qualified replacement must be appointed, and the Contractor should be notified. Signup and view all the answers

What is the Engineer prohibited from delegating authority for?

Specific actions like issuing a Notice to Correct. Signup and view all the answers

What is the time limit for the Engineer to respond if the Contractor questions an instruction?

7 days Signup and view all the answers

What happens if the Engineer does not respond to the Contractor's Notice within 7 days?

The instruction is deemed revoked. Signup and view all the answers

What action can the Contractor take if they believe an instruction does not comply with applicable laws, reduces safety, or is technically impossible?

Give a Notice to the Engineer with reasons. Signup and view all the answers

What is the time frame for the Contractor to object if the Employer intends to replace the Engineer?

14 days Signup and view all the answers

What is the Engineer's role in relation to the Parties?

The Engineer must act neutrally between the Parties and encourage discussion to reach an agreement. Signup and view all the answers

What does the Engineer do if no agreement is reached within the time limit?

Issues a 'Notice of Engineer’s Determination' Signup and view all the answers

What happens if an error is found within 14 days of the Engineer's determination?

The Engineer must issue a corrected agreement or determination within 7 days Signup and view all the answers

When is the time limit for agreement stated to start?

From the commencement of the time limit for agreement Signup and view all the answers

What happens if the Engineer is unwilling to carry out their duties?

The Employer can immediately appoint a replacement, treated as temporary until accepted by the Contractor Signup and view all the answers

What makes an agreement or determination binding on both Parties?

Unless corrected under the Sub-Clause or revised under Disputes and Arbitration Signup and view all the answers

What is the consequence if the Engineer fails to give a Notice of agreement or determination within the relevant time limit?

It is deemed as rejection of the Claim or a Dispute to be referred to the DAAB Signup and view all the answers

What can dissatisfied Parties do if the Engineer's determination is not acceptable?

Refer the matter to the DAAB for decision under Sub-Clause 21.4 Signup and view all the answers

Study Notes

FIDIC 2017 General Conditions: Engineer's Role in Agreement and Determination

The Engineer provides both Parties with a record of consultation and, if agreement is reached, issues a "Notice of the Parties' Agreement" signed by both Parties.
If no agreement is achieved within the time limit or if both Parties advise the Engineer that no agreement can be reached, the Engineer proceeds with a "Notice of Engineer’s Determination".
The Engineer makes a fair determination of the matter or claim, within the time limit, and issues a "Notice of the Engineer’s Determination" with detailed reasons and supporting particulars.
The procedure for agreement or determination by the Engineer is outlined in the General Conditions of the FIDIC 2017.
If the Engineer is unwilling to carry out their duties, the Employer can immediately appoint a replacement, treated as temporary until accepted by the Contractor.
The time limit for agreement is 42 days or as proposed by the Engineer and agreed by both Parties, starting from the commencement of the time limit for agreement.
The Engineer must give a Notice of agreement or determination within the relevant time limit, or else it is deemed as rejection of the Claim or a Dispute to be referred to the DAAB.
Any agreement or determination is binding on both Parties unless corrected under the Sub-Clause or revised under Disputes and Arbitration.
If an agreement or determination concerns payment, the amount must be included in the next Statement and Payment Certificate.
If an error is found within 14 days, the Engineer or a Party must notify the other, and the Engineer must issue a corrected agreement or determination within 7 days.
If either Party is dissatisfied with the Engineer's determination, they can refer the matter to the DAAB for decision under Sub-Clause 21.4, without the need for a NOD.
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Description

Explore the role of the Engineer in agreement and determination as outlined in the General Conditions of the FIDIC 2017. Understand the procedures for reaching agreement or determination, the time limits involved, and the binding nature of the Engineer's decisions.

R 2017 - 3

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