Position of Engineer & Independent Engineer In Standard Forms of Contracts

C.S.Suryawanshi, Former Chief Engineer & Joint Secretary (P.W.D) Senior Consultant Mumbai.

Introduction
The engineer is generally responsible for issuing the completion certificates and supervising any tests that have been contractually agreed as well as establishing that payments to the Contractor can be made, in funded contracts and Concession Management in PPP contracts. Monitoring and supervision of construction, operation and maintenance is normally undertaken through an IE (a qualified firm) that is selected by the Authority through a transparent process. Its independence would provide added comfort to all stakeholders besides improving the efficiency of project operations.

Although the role of the Independent Engineer (IE) differs from project to project, he is generally very much restricted in taking any decision that involves changes (particularly if such changes lead to increased costs). Throughout this paper, the term Engineer is used for ease of reference. The role is effectively the same for the Architect under a traditional appointment.

The IE also acts as a first instance arbitrator between the Contractor, the employer & the concession company in case of problems. Whether or not he can take decisions and instruct the Contractor depends on the project specifications.

Funded Contracts
The IE shall discharge its duties in a fair, impartial and efficient manner, consistent with the highest standards of professional integrity and Good Industry Practice.

If required, a public sector consulting firm may be engaged to discharge the functions of the IE.

Following factors are considered important from the Engineers Role in the Project and in the Concession Agreement point of view.