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Boukendour, S (2007) Preventing post-contractual opportunism by an option to switch from one contract to another. Construction Management and Economics, 25(07), 723–7.

Buckingham, P (2007) International process plant contracts for use on other performance-based projects. Construction Management and Economics, 25(07), 709–13.

Craig, R W and Barnes, W C (2007) Professional employees' exposure to risk of negligence claims from the client. Construction Management and Economics, 25(07), 811–9.

Dagenais, D A (2007) Introduction to good faith in construction contracts. Construction Management and Economics, 25(07), 715–21.

Donohoe, S and Brooks, L (2007) Reflections on construction management procurement following Great Eastern Hotel Company v. John Laing. Construction Management and Economics, 25(07), 701–8.

Gaitskell, R (2007) International statutory adjudication: its development and impact. Construction Management and Economics, 25(07), 777–84.

Gruneberg, S, Hughes, W and Ancell, D (2007) Risk under performance-based contracting in the UK construction sector. Construction Management and Economics, 25(07), 691–9.

Ive, G and Chang, C-Y (2007) The principle of inconsistent trinity in the selection of procurement systems. Construction Management and Economics, 25(07), 677–90.

Ndekugri, I, Smith, N and Hughes, W (2007) The engineer under FIDIC's conditions of contract for construction. Construction Management and Economics, 25(07), 791–9.

  • Type: Journal Article
  • Keywords: Contract; Dispute Adjudication Board; engineer; FIDIC
  • ISBN/ISSN: 0144-6193
  • URL: http://www.informaworld.com/openurl?genre=article&issn=0144-6193&volume=25&issue=7&spage=791
  • Abstract:
    FIDIC has over the years produced standard forms of contracts for the international procurement of projects. A source of continuing criticism of its Red Book concerns the duality in the traditional role of the engineer as the employer's agent and as an independent third party holding the balance fairly between the employer and the contractor. In response to this and other criticisms FIDIC produced a replacement for it in 1999. The role of the engineer under the new Red Book is critically examined in the light of relevant case law, expert commentaries and feedback from two multidisciplinary workshops with international participation. The examination identified three major changes: (1) a duty to act impartially has been replaced by a duty to make fair determination of certain matters; (2) it is open to parties to allow greater control of the engineer by the employer by stating in the appropriate part of the contract powers the engineer must not exercise without the employer's approval; (3) there is provision for a Dispute Adjudication Board (DAB) to which disputes may be referred. Although the duality has not been eliminated completely, the contract is structured flexibly enough to support those who wish to contract on the basis of the engineer acting solely as the agent of the employer.

Nissen, A (2007) Expert evidence: problems and safeguards. Construction Management and Economics, 25(07), 785–90.

Rameezdeen, R and Rajapakse, C (2007) Contract interpretation: the impact of readability. Construction Management and Economics, 25(07), 729–37.

Shiers, D, Lavers, A and Keeping, M (2007) Indicators of the impact of environmental factors on UK construction law: developments in the new millennium. Construction Management and Economics, 25(07), 821–9.

Twyford, J W (2007) Additional payments under construction contracts. Construction Management and Economics, 25(07), 739–45.

Uher, T and Brand, M (2007) A comparative analysis of the operation of 'compulsory rapid adjudication' in New South Wales and New Zealand. Construction Management and Economics, 25(07), 765–75.

Wang, J, Liu, J and Huang, L (2007) Study on the professional liability insurance system of the supervision engineer in China. Construction Management and Economics, 25(07), 801–10.

Ward, P, Sher, W, Gameson, R and Aranda-Mena, G (2007) Innovative protocols and technologies as a means of complying with the Building and Construction Industry Security of Payments Act 1999 (NSW) Australia. Construction Management and Economics, 25(07), 747–63.