Obligations and responsibilities of the Employer, the Employer’s Representative, the Engineer and the Contractor

This chapter reviews the roles and responsibilities of the various parties under the Federation Internationale des Ingenieurs-Conseils (FIDIC) Red, Yellow and Silver Books: the Employer; the Engineer/the Employer’s Representative; and the Contractor. Clause 2 in the FIDIC 2017 Contracts contains the primary roles and responsibilities of the Employer under the FIDIC 2017 Contracts. Under Sub-Clause 2.1, the Employer is required give the Contractor right of access to, and possession of, all parts of the Site within the times stated in the Contract Data. The Employer may use the Contractor’s Documents under a non-terminable transferable non-exclusive royalty-free licence to copy, use and communicate as required under the Contract, but the Contractor retains the copyright and any intellectual property rights in these documents. Under FIDIC 2017, Sub-Clause 2.4 has been expanded in that the Employer is required to describe his financial arrangements within the Contract Data and must notify the Contractor if there is a material change.