ABSTRACT
In the Red, Multilateral Development Banks and Yellow Books, the third-party contract administrator is called the Engineer; in the Gold Book, the Employer's Representative. Under the Silver Book, contract administration is the Employer's responsibility, although there is provision for the appointment of an Employer's representative to discharge duties on the Employer's behalf. If the contract administration provisions of the FIDIC forms were to be characterised by one word, the word would be ‘communication’. Central to the contract administration process is the person identified as responsible for the operation of the Contract. The instruction of a Variation and the notification of Employer's claims represent the contract administrator's exercise of a right of the Employer on the Employer's behalf. Attempts have been made by contractors to bring claims directly against the contract administrators, most notably for negligent under-certification. Whether a contractor has a cause of action directly against the contract administrator is not a matter of contract and varies considerably between jurisdictions.
