The engineer is appointed by the employer. He is typically involved in the design of the project and the preparation of the design documents. He will usually prepare the tender conditions in conjunction with other advisers.<\/p>\n
The engineer is to look after his client’s interest and to monitor the progress of the work and make various decisions etc. as are required under the documents. He has a separate role in judging the entitlements of the parties under the contract. This includes certification of sums payable, interim sums payable, sums due to the contractor in relation to claims, the extensions of time that the contractor might be entitled to, the extent to which the employer may be entitled to liquidated damages.<\/p>\n
Decisions of the engineer are binding unless challenged under the dispute resolution mechanism. The engineer must be given the opportunity of making a formal decision before the dispute is referred to conciliation or arbitration. The arbitrator has the power to open up review and revise any decision, opinion, instruction, direction, certificate or valuation of the engineer.<\/p>\n
The engineer is to act honestly, independently, fairly, and impartially in relation to matters between the employer and contractor. He is not an arbitrator but has a duty to act fairly in exercising his professional judgment. He is not a judicial or quasi-judicial functionary in this regard.<\/p>\n
There is an implied warranty by the employer that the engineer will act fairly and impartially when acting as a certifier. This does not import a warranty that the engineer will not make errors and mistakes. A certificate may be invalidated if the engineer does not act in good faith or otherwise misuses his power.<\/p>\n
The certifier may be liable to a contractor for economic loss due to failure in his duty of care. It is not clear if this broad approach would still hold. Later cases have held that an engineer does not owe a duty of care and lacks sufficient proximity to be liable in negligence to the contractor in certifying.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Claims for Payment Under standard forms of engineering contract, at the end of every month, the contractor submits interim valuations of work done. This is to be certified by the engineer and paid within 28 days. There is retention pending expiry of the defects liability period. Not later than three months after the date of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[45],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/559"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=559"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/559\/revisions"}],"predecessor-version":[{"id":563,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/559\/revisions\/563"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=559"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=559"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=559"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}