Construction Law/Difference between Engineer & Employer's Rep
I need to know in brief the difference between the Engineer in the new red book 1999 and the Employer's Representative in EPC (silver book). The Engineer makes determinations and inspect the Work/Materials/tests/etc (or his delegated people) in New red Book and the Employer's representative in EPC also inspect the Work and can make determinations (in 3.1 it is stated that Unless and until the Employer notifies the Contractor otherwise, the Employer’s Representative shall be deemed to have the full authority of the Employer under the Contract.
Please take your time and help me identify the concept why EPC book created this Employer's Rep instead of the Engineer and all comparison items between them.
May i respond to your twon questions as follows
1.The difference between Engineer and ER is basically on account of procurement systems adopted under EPC and new red book.Under EPC,most of construction risks are taken over by EPC contractor and secondly He is also resposible for fit for purpose delivery of the project requiring a less degree of work supervision at Employer's end and is not so in red book document where even design and drawings are also provided by client.In fact, on one EPC document only one inspection team was considered enough to inspect every six weeks.In red book you have full supervision and hence a dedicated Engineer is necessary to supervise and coordinate all site activities.In the absence of Engineer,supervision work even t smaller extent has to entrusted to somebody and for that ER was considered sufficient.But if client decides to have full time supervision in EPC also, there is no bar .A consultancy firm can also perform the functions of ER as well.
2.Let me now answer any specific question you may still have.