Q&As

In the FIDIC 2017 contracts (Red and Yellow books), what is the consequence of the employer failing to appoint an engineer (assuming the employer never appoints the engineer)? If a contractor does not want to terminate the contract as a result of such a breach by the employer of its obligations under the contract, can it argue that all the obligations of the engineer are, by default, employer's obligations and treat the contract as if references to the engineer are references to the employer?

read titleRead full title

Published by a ½Û×ÓÊÓƵ Construction expert
Published on: 12 October 2020
imgtext

What are the consequences if the employer fails to appoint an engineer?

The precise consequences of the Employer’s failure to appoint an Engineer are likely to depend on the particular circumstances and the impact of that failure on the Contractor. For example, where the Employer’s default, ie the failure to appoint an Engineer, causes the Contractor delays, then the Contractor may be entitled to an extension of time, following the procedure in clause 20 of the FIDIC 2017 contract. The Contractor would need to be able to demonstrate how the Employer’s failure to appoint an Engineer, or the fact that the

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
FIDIC definition
What does FIDIC mean?

The International federation of Consulting Engineers

Read more readmore

Popular documents

JCT—interpreting the lists of Relevant Events and Relevant Matters

JCT—interpreting the lists of Relevant Events and Relevant MattersThe provisions for Relevant Events and Relevant Matters are central to the allocation and management of risk under the JCT forms of contract. The Relevant Events and Relevant Matters comprise complete lists of the events and risks

JCT contracts—variations

JCT contracts—variationsThis Practice Note looks at how variations are dealt with under the main forms of JCT contract. For a wider discussion on variations, including reference to relevant case law, see Practice Note: What is a variation on a construction project?This Practice Note looks at the JCT

NEC Term Service Contract

NEC Term Service ContractWhat is the NEC Term Service Contract?The NEC Term Service Contract, or TSC, is part of the NEC3 and NEC4 suites of contracts (see Practice Note: NEC contracts—introduction). The NEC Term Service Contract is designed to engage a contractor for a set period of time, to manage

JCT contracts—termination

JCT contracts—terminationThe JCT contracts contain detailed provisions for termination, setting out the grounds on which the parties may terminate and the consequences thereof. Under the JCT contracts, it is the Contractor’s employment that is terminated, rather than the contract itself. This