Engineer to the Contract
Rawlinsons directors have all practiced and continue to practice the Role of Engineer to the Contract under NZS 3910 & 3916. The Engineer must be a suitably qualified person (rather than a company or firm). He or she is appointed by the principal and has a dual role:
- expert adviser to and representative of the Principal, giving directions to the Contractor on behalf of the Principal, and acting as agent of the Principal in receiving payment claims and providing Payment Schedules on behalf of the Principal; and
- independently of either contracting party, to fairly and impartially make the decisions entrusted to him or her under the Contract, to value the work, and to issue certificates.
As ‘Principal’s agent’ we will act in the best interest of the principal and use our experience to be the principal’s expert advisor and representative. For example, when we receive payment claims, and issue progress schedules, this is done explicitly in our capacity as the principal’s agent.
When making decisions, such as approving and valuing variations, confirming unforeseen physical conditions, and granting extensions of time or valuing the contractor’s payment claims, we will do so as an impartial administrator.
Any disputes between the contractor and the principal are referred to the Engineer for an Engineer’s determination. When acting as the Engineer we will strive to properly perform the quasi-judicial role in good faith, following the rules of natural justice.
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