FIDIC , 3.

1 Engineer’s Duties and Authority

The Employer shall appoint the Engineer who shall carry out the duties
assigned to him in the Contract. The Engineer’s staff shall include suitably
qualified engineers and other professionals who are competent to carry out
these duties.
The Engineer shall have no authority to amend the Contract.
The Engineer may exercise the authority attributable to the Engineer as
specified in or necessarily to be implied from the Contract. If the Engineer
is required to obtain the approval of the Employer before exercising a
specified authority , the requirements shall be as stated in Particular
Conditions. The Employer undertakes not to impose further constraints on
the Engineer’s authority except as agreed with the Contractor.

However, whenever the Engineer exercises a specified authority for which

the Employer’s approval is required, then (for the purpose of the contract)
the Employer shall be deemed to have given approval.

Except as otherwise stated in these Conditions :

(a) whenever carrying out duties or exercising authority, specified in or
implied by the Contract, the Engineer shall be deemed to act for the
Employer.
(b) the Engineer has no authority to relieve either Party of any duties,
obligations or responsibilities under the Contract; and
(c) any approval, check, certificate, consent, examination, inspection,
instruction, notice, proposal, request, test, or similar act by the
Engineer (including absence of disapproval) shall not relieve the
Contractor from any responsibility he has under the Contract,
including responsibility for errors, omissions, discrepancies and non-
compliances.

Law on planning and construction, Clause 120 Technical supervision

Employer / Investor provide Technical Supervision for duration project
execution, ie. for execution of all works on which Approval for construction is
based. Technical supervision covers the following :
- Execution compliance with Approval for Construction, i.e Main design.
- Compliance with quality requirements , required standards, pecifications
and technical regulations.
- Providing the documents of quality requirements for material,
installations and equipment used.
- Gives instructions to the Contractors.
- Cooperate with the designer for purpose of providing technical and
other details or solutions required for works execution and
- Resolving other questions (mainly technical) arisen during construction.
FIDIC, 4.1 Contractor’s General obligations

The contractor shall design (to the extent specified in the Contract), execute and
complete the Works in accordance with the Contract and with the Engineer’s
instructions, and shall remedy any defects in the Works.

The Contractor shall provide the Plant and Contractor’s Documents specified in
the Contract, and all Contractor’s Personnel, Goods, consumables and other
things and services, whether of a temporary or permanent nature, required in and
for this design, execution, completion and remedying of defects.

The Contractor shall be responsible for the adequacy, stability and safety of all
Site operations and of all methods of construction. Except to the extent
specified in the Contract, the Contractor (i) shall be responsible for all
Contractor’s Documents, Temporary Works, and such design of each item of
Plant and Materials as is required for the item to be in accordance with the
Contract, and (ii) shall not otherwise be responsible for the design or
specification of the Permanent Works.

The Contractor shall, whenever required by the Engineer, submit details of the
arrangements and methods which the Contractor proposes to adopt for the
execution of the Works. No significant alteration to these arrangements and
methods shall be made without this having previously been notified to the
Engineer.

If the Contract specifies that the Contractor shall design any part of the
Permanent Works, then unless otherwise stated in the Particular Conditions:

(a) the Contractor shall submit to the Engineer the Contractor’s Documents
for this part in accordance with the procedures specified in the Contract;
(b) these Contractor’s Documents shall be in accordance with the
Specification and Drawings, shall be written in the language for
communications defined in Sub-Clause 1.4 (Law and Language) and shall
include additional information required by the Engineer to add to add to
the Drawings for co-ordination of each Party’s designs;
(c) the Contractor shall be responsible for this part and it shall, when the
Works are completed, be fit for such purposes for which the part is
intended as are specified in the Contract; and
(d) prior to the commencement of the Tests on completion, the Contractor
shall submit to the Engineer the “as-built” documents and operation and
maintenance manuals in accordance with the Specification and in
sufficient detail for the Employer to operate, maintain, dismantle,
reassemble, adjust and repair this part of the Works. Such part shall not be
 considered to be completed for the purposes of taking-over under Sub-
Clause 10.1 [ Taking Over of the Works and Sections] until these
documents and manuals have been submitted to the Engineer.

Law on planning and construction,

Clause 118 Duties – Contractor

Prior commencement Contractor must :

- sign Main design in line with Clause 114 – Notice of the
Commencement
- appoint Responsible Contractor’s Representative (responsible
construction manger)
- provide Contract documents , main design and specification on which
basis contract will be executed.
After completion of foundation contractor is obliged to inform authorities
who issued Approval for Construction and City authorities together with
surveying foundation layout. Authority in charge in 3 days from receiving
notice confirm compliance of executed foundation with main design and
issue appropriate approval.

Contractor by written warning notice, advises Employer , and if necessary

authorities, about errors and flaws in technical documentation or
unforeseeable conditions which can affect execution of the works or
compliance with main design and other technical documentations like
changes on standards, quality requirements, archeological discoveries , soil
slides , high level of underground waters and similar scenarios.
FIDIC 4.3 Contractor’s Representative
The Contractor shall appoint the Contractor’s Representative and shall give
him all authority necessary to act on the Contractor’s behalf under the
Contract. …

The whole time of the Contractor’s representative shall be given to directing

the Contractor’s performance of the Contract….

The Contractor’s Representative shall, on behalf of the Contractor, receive

instructions under Sub-Clause 3.3 ….

Law on planning and construction,

Clause 117 Responsible Contractor Representative

Responsible Contractor Representative direct and control execution of the

works. Appointed person must posses required license for execution/design.

Law on planning and construction,

Clause 118 Duties – Contractor representative

Responsible Contractor’s Representative (responsible construction

manager) :
The Responsible Construction Manger manager shall:
- be the contact person between the Contractor and the Employer,
- make the whole communication with the Employer;
- give the Employer all information in connection with the Works;
- coordinate the Contractor, all Works, persons and other contractors on Site
enabling the proper performance of the Works.
- coordinate the Contractor obligations under Clause 2.6 of this Contract
Agreement and submit and deliver the required documents to the Employer;
- manage the Works to be performed according to the documentation on the
basis of which the Approval for construction was issued, in accordance with
the Main design, regulations, standards, technical norms and quality
standards applicable for the particular kind of Works, installations and
equipment;
organize the Site in a way that will enable access to the Site, uninterrupted
traffic, and protection of the environment during the whole period of
construction;
secure the safety of the structure, the persons on the Site, and the
surroundings (adjacent objects and traffic facilities);
provide Test Reports and evidence on the quality assurance of the performed
Works and of the installed material, installations and equipment;
keep a construction journal, construction book and inspection book.
Additional to this the Contractor shall provide daily progress reports, weekly
reports, monthly reports, weekly plans and monthly plans. The daily
progress reports shall contain the items regarding work forces, equipment,
trucks, materials and goods, performance and sub-Contractor. The weekly
and monthly reports must present exactly activities done and weekly and
monthly plans shall include activities planed to be done next week , this is,
next month;
provide measurements and surveying of the soil and structure movements
during the execution of the Works;
secure the Works and the surroundings in case of work disruption;
provide that this Contract Agreement, act of its appointment as the
Construction Manager, Drawings and Specification provided by the
Employer and Workshop drawings provided by the Contractor as well as the
documentation based on which the approval for construction was issued, are
available in its office on the Site.
FIDIC
Clause 8.1 Commencement of the works
The Engineer shall give the Contractor not less than 7days notice of the
commencement date . Unless otherwise stated in the Particular conditions,
the Commencement date shall be within 42 days after the Contractor
receives Letter of Acceptance.

The Contractor shall commence the execution of the works as soon as is

reasonably practicable after the Commencement Date, and shall then
proceed with the Works with due expedition and without delay.

Law on planning and construction,

Clause 114 Commencement Notice

Employer / Investor is obliged 8 days prior Commencement of the works to

notice authority responsible for issuing Construction Permits (Approval for
construction because in Serbia Construction permit consists of two papers:
one, approval for construction , based on which the Final Design could be
prepared and second, the certificate of providing the Final Design with the
Notice of commencement of execution of the works) with details of Main
Contractor, Planned Commencement of the Works and intended Time for
Completion.

Together with such notice Client must hand over Main Design with
technical control, Approval for Construction, proof of payments for all fees
and taxes. Authority responsible in 8 days confirm acceptance of all
required documentation. Ministry of construction closer specifies exact
content of necessary documentation for full compliance with such
acceptance of documentation necessary for commencement.

Coments : All necessary approvals and permits must be obtained and

provided by the Client prior commencement and submitted to the Contractor
(this is Client’s legal obligations. This is a reason why Red and Yellow
FIDIC books in sub-clause 1.13 msue be regulated further by a Particular
Conditions. This is very important and repeatedly unclear topic between
Client and Contractor in Serbia. Who is responsible for obtaining approvals
and permits. Contractor, under unclear sub-clause 1.13 or Client under
Serbian Law on Planning and Construction). Contractor cannot legally-
officially start execution of the contract based on Fidic Engineer instruction
only.
FIDIC
Clause 10.1 Taking over the works and Sections
Except as stated in Sub Clause 9.4 ( Failure to pass Tests on Completion),
the Works shall be taken over by the Employer when (i) the Works have
been completed in accordance with the Contract, including the matters
described in Sub-Clause 8.2 (Time for completion) and except as allowed in
sub-paragraph (a) below, and (ii) a Taking-Over Certificate for the Works
has been issued, or is deemed to have been issued in accordance with this
Sub-Clause.

The Contractor may apply by notice to the Engineer for a Taking-Over

Certificate not earlier than 14 days before the works will. In Contractor’s
opinion, be complete and ready for taking over. If the works are divided into
Sections, the Contractor may similarly apply for each Section.

The Engineer shall, within 28 days after receiving the Contractor’s

application:
(a) issue the Taking Over Certificate for the Contractor, stating the date of
which the works or section were completed. ….

(b) reject the application, giving reasons and specifying the works
required to be done by the Contractor to enable the Taking over
certificate to be issued…….

If the Engineer falls either to issue Taking Over Certificate or to reject the
Contractor’s application within the period of 28 days and if the works or
sections are substantially in accordance with the Contract, the Taking Over
Certificate shall be deemed to have been issued on the last day of that
period.

Law on planning and construction,

Clause 125 Using permit
Constructed structures (buildings , roads, and the like) can be occupied and
used only after using permit is provided.
Authority which issued Approval for Construction should issue Using
Permit in 7 days upon receiving of Technical Inspection report where the
recommendation for issuing the Using permit is stated.
Using permit relates for the whole works, part of the works which can be
used separately or posses separate approval for construction.
Using permit can be obtained only after is proven that works or part of the
works is ready for use. The proof is consisted of the above mentioned
Technical Inspection report.
Using permit contains Defect liability period for the works and Defect
liability period for specific type of works if it is prescribed by separate
regulations.

Works is ready for using if:

- it is executed in accordance with approval for construction and
approved main design and specifications.
- the proof of quality of executed works , materials and services
is obtained from authorized organizations.
- final surveying of the works is done
- there is some special requirements of other by- laws is fulfilled
or met