All the parties involved in a contract will wish for the respective project to be successful. Therefore, understanding that it takes not only a fair and balanced contract which sets out the roles of the parties, but also mechanisms which will ensure that the issues which may arise will be dealt with promptly and fairly, proactively identifying options and solutions to challenges, the International Federation of Consulting Engineers (FIDIC) and the Georgian Association of Consulting Engineers (ACEG) have organized the FIDIC-ACEG European Regional Infrastructure Conference in Tbilisi, Georgia, 6/7 March 2018.

1. Giovanni Di Folco

2. The Engineer’s perspective to
Dispute Avoidance/Adjudication Board

3. Sub-Clause
3.2 states :
“There shall be no requirement for the
Engineer to obtain the Employer’s
consent before the Engineer exercises
his/her authority under Sub-Clause 3.7
[Agreement or Determination]. The
Employer shall not impose further
constraints on the Engineer’s authority.”

4. Sub-Clause 3.7 [Agreement or
Determination] goes to further state:
“When carrying out his/her duties
under this Sub-Clause, the Engineer
shall act neutrally between the
Parties and shall not be deemed to
act for the Employer.”
Sub-
Clause 3.7:

5. Sub-Clause
21.3 states:
Sub-Clause 21.3 [Avoidance of
Disputes], brings a much-needed
change in the mindset of the Engineer
and the Parties with the agreement for
the DAAB to practice dispute avoidance.

6. FIDIC Red 2017 Second Edition
aims to close the open-ended
terms found within the FIDIC
Red First Edition 1999

7. The Engineer’s perspective goes far
beyond balancing the terms of the
Contract and allowing the DAAB to
practice dispute avoidance.

8. FIDIC Red 2017 is a
‘Project Management Tool’, which will
require specialized Contract
Management to be applied in real time.

9.  be recognized by a
professional body as a
professional engineer;
 be fluent in at least one
international language
(English / Spanish);
 be knowledgeable of
latest software and
industry technologies;
 have in-depth knowledge
of planning, costing and
quantity surveying;
 have good knowledge of
contract management
and risk management;
 be familiar with
international standard
forms of Construction
Contracts;
 be accustomed with best
engineering practices and
international standards;
 have good leadership and
communication skills at
all levels;
 have good computer
literacy;
 possess developed
project management
skills;
 be experienced in claim
and dispute resolution
methodologies and
procedures.
A competent
Consulting
Engineer should,
at least:

10. Engineers work to prescriptive specifications and are experienced to
manage design, construction and contract interrelationships. FIDIC Red
2017 fulfils the demands of the International Construction Industry.
The role of the FIDIC Engineer has been elevated to a much higher level.

11. FIDIC Red 2017 requires
the Engineer to deal with
prescriptive aspects
particularly relating to
Sub-Clauses 3.2, 3.7,
8.4, 8.5 and Clauses 13,
20 and 21, which
together invoke
‘dispute avoidance’.

12. Will FIDIC Red 2017 work?
My opinion is yes.
It has closed open-ended terms in FIDIC
Red Fourth Edition 1987, as amended in
1992, and
FIDIC Red First Edition 1999.

13. Caution to Employers:
don’t alter the fair balance
and risks’ allocation in FIDIC
Red 2017.
If you do, it will likely work
against you.

14. Stay neutral at all times and
be fair, no matter who is
paying you for your services.
Advice to
Engineers:

15. Thank you for your kind attention!
Giovanni Di Folco