ABSTRACT
It is normal in a design and build contract for the contractor to be solely responsible for the adequacy not only of the design but also the construction operations. However in the FIDIC form of Contract for Underground Works (the “Emerald Book”) the Parties agree a Geotechnical Baseline Report (GBR) and the Employer (Capitalized terms used in this paper have the meaning ascribed to them in the Emerald Book) accepts the risk of subsurface conditions that fall outside those agreed in that GBR. Accordingly the Engineer has a specific role to monitor the actual physical conditions encountered and record the corresponding measures taken by the Contractor, in order to assess if and to what extent those measures correspond to the expectations of the GBR and are in accordance with the Contractor’s Proposal and the Contract. The Engineer will use these records and the Contractor’s quantum measurements to determine adjustments to the Contract Price and times for completion of the Underground Works
