You are here:

Construction Law/Ia the Engineer a person or a firm?

Advertisement


Question
Dear John

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 1.1.2.2 and 1.1.2.4.

Answer
Dear Ken,

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.

Kind regards,
John Dowse
Follow me on Twitter: @CernoOrg
For my regular industry newsletter e-mail to info@cerno.org, stating SUBSCRIBE in the subject line

Training and consulting services are available, bespoke to companies and individuals.
John Dowse can be contacted by e-mail to info@cerno.org (When e-mailing, please include “AllExperts” in the subject line.)

Construction Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


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

©2016 About.com. All rights reserved.