The engineer’s representative on site – the resident engineer

The ICE conditions permit the engineer to appoint an ‘Engineer’s Representative’ on site, commonly termed the resident engineer to ‘watch and supervise the construction and completion of the Works’ (Clause 2(3)). The engineer can delegate to the resident engineer ‘any of the duties and authorities vested in the Engineer’ (Clause 2(4)) with certain exceptions, which are dealt with in Section 9.2. The resident engineer therefore has to act at all times under the direction of the engineer, exercising only the powers delegated to him, impartially as the engineer is required to act. He must be aware that his actions commit the engineer, and therefore in all cases of doubt as to a proposed action, he should first report to the engineer. He may make suggestions to the engineer, point out difficulties and advise on their overcoming; and because he is full time on site he should be able to forewarn the engineer of problems lying ahead. In taking decisions he must be aware of his own technical limitations and always refer matters to the engineer which should be put in the hands of specialists or those more qualified to take a decision than himself.
The ICE conditions require the name of the person appointed as resident engineer (i.e. Engineer’s Representative) to be notified to the contractor (Clause 2(3)).
The powers which the resident engineer can exercise on behalf of the engineer must be stated in writing to the resident engineer and copied to the contractor (Clause 2(4)).