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Construction Law/Who is the engineer in construction projects

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Question
Hello,

Could you please advice who is the engineer in the construction projects . The project management or the dupervision team.
And what is the role of the engineer.
Thank you

Answer
Dear Moh,

Thank you for this question. The question is, however, somewhat broad in nature.

The term "Engineer" is particular to certain contract forms. In international construction projects the FIDIC suite of contracts is commonly used and very often the "Red" or "Yellow" book forms, both of which require an Engineer which is a defined term under the contract.

The contract form should define the role and duties of the Engineer. Again the FIDIC contract forms define quite clearly the authority of the Engineer but those powers can be limited or expanded by the particular conditions applying to the contract.

As to who is to be the Engineer, the answer is that the duties should be performed by an individual or an organisation that is suitably competent. It is not always the project manager that is appointed as Engineer. I am unsure of what you consider as the 'supervision team'. I suspect the term may be colloquial and location specific. If you explain this further I will be happy to review.






I hope that this assists you.

Kind regards,
John Dowse

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John Dowse

Expertise

Legal; contract interpretation; quantum; delay analysis. Practitioner in arbitration, adjudication and mediation.

Experience

Thirty-three (33) years experience in building and construction, at all levels both within contracting and consulting organisations. Practising arbitrator, adjudicator, and mediator. Faculty approved trainer for the Chartered Institute of Arbitrators. Lecturer on construction contract forms and dispute resolution practices.

Organizations
Chartered Institution of Civil Engineering Surveyors Chartered Institute of Arbitrators Institute of Directors Society of Construction Arbitrators

Publications
Various UK and International construction and legal publications.

Education/Credentials
LLB (Hons), Pg Dip (Legal Practice), MCInstCES MCIArb MIOD Barrister

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