BuildLaw Issue 39 April 2020 | Page 15

• There is provision for a JV Undertaking – to provide for joint and several liability between the JV parties, to allocate a leader and to set out their individual scopes where relevant.
• As in other FIDI contracts, the Employer must provide details of its financial arrangements for the project, and revisit these where project costs increase.
Engineer's role, dispute avoidance and resolution
• The role of the Engineer and the dispute resolution provisions of the Emerald Book are similar to those in other FIDIC books:
• The Engineer acts as Employer’s Agent and has specific role in respect of monitoring progress of the Excavation and Lining Works
• The Engineer is also required to determine certain matters as between the parties. There is a specific statement that the Engineer will act impartially in this role. The Engineer must be wary of conflicts of interest.
• Where either party is dissatisfied with the Engineer’s decision the matter is referred to a Dispute Avoidance/Adjudication Board (appointed for the duration of the contract).
• Where a party remains dissatisfied, the matter will be referred to Arbitration (ICC rules).
Considerations for early adopters
• The agreement of the GBR is likely to be an involved process requiring significant negotiation. As this is so central to the Contract (with time and cost both hinging on it) it will be crucial to get it right before it becomes contractual.
• As with other FIDIC forms, the Contract places a fitness for purpose obligation on the Contractor. The Employer will need to ensure that the intended purpose is stated clearly in the Employer’s Requirements in order to