Tutorial FIDIC 2017 Yellow Book | Clause 3 The Engineer

In this video, we provide a comprehensive breakdown of the Engineer's role under the FIDIC 2017 Conditions of Contract for Construction. Drawing directly from the General Conditions, we explore the essential requirements for appointment, the scope of authority, and the critical processes for agreements and determinations.

Key Topics Covered:
• Appointment and Qualifications: Learn why the Engineer must be a professional engineer with specific competence and language fluency. We also discuss the requirements for appointing a natural person to act on behalf of a legal entity.
• Authority and Delegation: Discover how the Engineer acts for the Employer in most matters but cannot amend the contract. We detail the process for delegating authority to an Engineer’s Representative or assistants, including which powers—like determinations under Sub-Clause 3.7—cannot be delegated.
• Engineer’s Instructions: Understand the Contractor's obligation to comply with instructions and the specific timeframe (7 days) for an Engineer to respond if a Contractor objects to an instruction based on safety or technical impossibility.
• The Agreement or Determination Process: This is a major shift in the 2017 edition. We explain how the Engineer must act neutrally when seeking agreement or making a determination. We also cover the strict 42-day time limits and what happens if the Engineer fails to act (deemed rejection).
• Dissatisfaction and Finality: What happens if a party disagrees? We walk through the Notice of Dissatisfaction (NOD) process, the 28-day window for filing, and how determinations become final and binding.
• Replacement of the Engineer: The Employer must give 42 days' notice before replacing an Engineer, and the Contractor has the right to raise reasonable objections.
• Management Meetings: The role of the Engineer in coordinating arrangements for future work and keeping records.
This guide is essential for contract managers, project engineers, and legal professionals working with FIDIC 2017.

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