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Construction Law/Tender Appendix- Engineer Name

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Question
Dear Peter,
In a contract based on FIDIC 1999, tender appendix is left blank after signature. Who is supposed to be the Engineer as there are two Employer's consultancy companies involved? Only one is site based.

Answer
Dear Mario,

I cannot answer this question in detail without sight of the contract documents.  However, here are my thoughts.

This problem should have been resolved through a question during the tender period, or at least prior to signature of the Contract.  In the absence of any instruction from the Employer, I suggest that you give notice to the Employer of the absence of any clarity and asking who is the responsible person in his organisation.  All queries and submissions should be sent direct to the Employer.  Should either of the Employer's consultancy companies issue instruction to you, then you can ask for their letter of authority allowing them to issue instructions on behalf of the Employer, but otherwise ignore their instructions, as there is no certainty that you will get paid.  

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Peter M. Elliott

Expertise

First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol www.eotprotocol.com before submitting a question.

Experience

Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Organizations
Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

Education/Credentials
B Sc(Hons) in Civil Engineering

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