Achieving satisfactory contractual terms for the engineer's role

Hughes, W. and Shinoda, H. (1999) Achieving satisfactory contractual terms for the engineer's role. In: 15th Annual ARCOM Conference, 1999-09-15 - 1999-09-17, Liverpool John Moores University, pp. 597-606.

Abstract/Summary

An international survey of clients, consultants and contractors produced wide-ranging data on the views of users of the FIDIC form of contract. The purpose of the survey was to elicit views on a range of issues, prior to revising the model form, to ensure that the contract drafters produce a form that is satisfactory for its users. Those questions that focus upon the role of the engineer have been subjected to detailed statistical analysis. The analysis shows that, contrary to popular belief, the views of contract users from common law jurisdictions do not differ from those in civil code jurisdictions. The engineer’s role is not generally perceived as neutral in the contractual relationships between clients and contractors. Contractors would prefer someone other than the engineer to be the first-line settler of disputes in contracts.