Chapter 3

The Employer, the Engineer and Contract Administration

William Godwin QC

William Godwin QC

Member of the FIDIC 2017 Updates Task Group

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First published: 07 February 2020

Summary

The 2017 contracts have substantially redrawn the terms of clause 2 of the 1999 editions, dealing with the Employer. Clause 3.5/3.4 provides that the Engineer or Employer, through the Employer's Representative, may issue at any time instructions to the Contractor necessary for the execution of the works in accordance with the Contract. The procedure is the same in all the 2017 contracts, although it is set out in clause 3.7 of the 2017 Red and Yellow Books and clause 3.5 of the Silver Book. Clause 3.7.4 of the 2017 contracts provides that an agreement or determination is to be binding on both parties, and complied with by the Engineer, unless and until corrected or revised. The Engineer or Employer is to keep a record of each management meeting and supply copies together with an action list.

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