ABSTRACT
Need for formal documentation The Association for Consultancy and Engineering recommends that formal written documentation should be executed to record the details of each commission awarded to a Consulting Engineer. These Conditions are published as model forms of agreement suitable for the purpose. However, even if these particular Conditions are not used, it is strongly recommended that, whenever a Consulting Engineer is appointed, there should be at least an exchange of letters defining the duties to be performed and the terms of payment. Appointments outside the United Kingdom These conditions of Engagement are designed for use within the UK. For work overseas it is impracticable to give definite recommendations; circumstances differ too widely between countries. There are added complications in documentation relating to local legislation, import customs, conditions of payment, insurance, freight, etc. Furthermore, it is often necessary to arrange for visits to be made by principals and senior staff whose absence abroad during such periods represents a serious reduction of their earning power. The additional duties, responsibilities and non-recoverable costs involved, and the extra work on general co-ordination, should be reflected in the levels of fees. Special arrangements are also necessary to cover travelling and other out-of-pocket expenses in excess of those normally incurred on similar work in the UK, including such matters as local cost-of-living allowances and the cost of providing home-leave facilities for expatriate staff. CONDITIONS OF ENGAGEMENT Obligations of the Consulting Engineer The responsibilities of the Consultant Engineer for the works are as set out in the actual agreement The various standard clauses in the Conditions relate to such matters as differentiating between Normal and Additional services, the duty to exercise skill and care, the need for Client's written consent to the assignment or transfer of any benefit or obligation of the agreement, the rendering of advice if requested on the appointment of other consultants and specialist sub-consultants, any recommendations for design of any part of the Works by Contractors or Sub-contractors (with the proviso that the Consulting Engineer is not responsible for detailed design of contractors or for defects or omissions in such design), the designation of a Project Leader, the need for timeliness in requests to the Client for information etc., freezing the design once it has been given Client approval and the specific exclusion of any duty to advise on the actual or possible presence of pollution or contamination or its consequences. Obligations of the Client The Consultant Engineer shall be supplied with all necessary data and information in good time. The Client shall designate a Representative authorised to make decisions on his behalf and ensure that all decisions, instructions, and approvals are given in time so as not to delay or disrupt the Consultant Engineer. Site Staff The Consulting Engineer may employ site staff he feels are required to perform the task, subject to the prior written agreement of the Client. The Client shall bear the cost of local office accommodation, equipment and running costs.
