Construction Law/Ia the Engineer a person or a firm?
I am preparing Part A of the Particular Conditions on the basis of FIDIC 2010 MDB for International Competitive Bidding. Please advise whether I should fill in an individual person's name and its address in the blank space provided for "Employer" and "Engineer" in the Standard Bidding Documents to be used in a civil works project funded by a Multilateral Development Banks.
I have feeling that the name of the Engineer and the Employer should be individual person's name according to Sub-Clauses 18.104.22.168 and 22.214.171.124.
Thank you for this question.
I do not have a copy of the MDB form to hand at this time to check the specific wording, however the short answer to your question is: no, the Employer and Emgineer do not have to be individuals.
I suspect that you are guided by the word 'person'. If your interpretation was correct it would apply also to the Contractor as FIDIC uses the word person(s) within the Clause 1 definition of Contractor. Further, subject to the specific legal jurisdiction in which the contract is being executed/performed, a company is a legal person.
Looking at the contract more widely, one might interpret the requirement that the Engineer be able to converse in the language of the contract would dictate that an individual is engaged rather than a person; however the accepted wisdom is that a company can be the Engineer and, indeed, a company can be the Employer. However, when you are drafting the contract an individual can be mamed of that is desired. Some authors actually recommend the naming of an individual (or an individual within a company) as early as the invitation to bid, to give some certainty to tenderers.
I hope that this assists you.
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