Project managment

Powers not delegated to the resident engineer

There are certain powers which the ICE conditions do not permit the engineer to delegate to his resident engineer. These are:
• payment or extension of time for adverse physical conditions or artificial obstructions (i.e. Clause 12 claims);

extensions of time for completion;
• issue of substantial completion certificates, defects correction certificate and final certificate for payment;
• notice that the contractor has abandoned or appears unable to complete the contract;
• decisions on matters of dissatisfaction prior to adjudication or arbitration.
In addition it is often the case that the engineer does not delegate to his resident engineer in the UK power to:
• issue variation orders (VOs) or authorize payment to the contractor for delay;
• issue interim payment certificates;
• approve the contractor’s programme for construction.
The purpose of the first of the last three exclusions is to permit the engineer (or staff acting on his behalf) to check both the justification and the amount payable under a proposed VO. However, if the site of construction is overseas the resident engineer may also be given powers to issue VOs and interim payment certificates.
In this case the resident engineer would normally have appropriate staff on site, to check proposed VOs and interim payment certificates before issue.
It is to be noted that the FIDIC conditions for overseas construction do not restrict the powers the engineer can delegate to the resident engineer.

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