Construction Law/Appointment of Engineer
I am a Civil Engineer working as a Contracts Engineer in L&T Construction on a FIDIC Yellow Book Contract. Here, the Employer had not appointed an Engineer in first 8 months of the Contract. Instead a Manager from his own setup was designated as the Engineer. He did not carry out reviews appropriately within time and we protested his appointment. He would always give comments on our submittals and ask for clarifications on piecemeal basis and delay the approval for long. After our protest, the Employer finally replaced him with an independent company as the Engineer.
Now, that Company has rejected our claim for extension of time for the period that the previous Engineer was functioning on grounds that he replied with certain comments and never let the review period exhaust. Engineer now says that Clause 5.2 means it has to either give approval or comments and all the delay is attributable to us.
Dear Ahmad Faraz
As per clause 184.108.40.206 "Engineer" means the person appointed by the Employer to act as the Engineer for the purposes of the Contract and named in the Appendix to Tender, or other person appointed from time to time by the Employer and notified to the Contractor under Sub-Clause 3.4 [Replacement of the Engineer].Employer can not be appointed him self as an independent Engineer for the project.
Independent Engineer can not deny the claim of Extension of time if contractor has the reason for the Extension of time. Engineer has to be evaluate the period for an Extension of time on the basis of reasons of delay given by the contractor. In the contract Independent Engineer will act impartial for both the parties.
I hope above are in line of your question. Further clarification in follow up will be welcome.
With best regards