The role of Project Manager / Project Engineer in FIDIC contracts is of utmost importance and should not be taken lightly.
The International Federation of Consulting Engineers, has developed contract templates that are commonly used in construction projects worldwide.
In these contracts, the Project Manager plays a critical role in ensuring the successful implementation of the project.
They are responsible for interpreting and enforcing the contract, resolving disputes, and overseeing the technical aspects of the project.
Firstly, the Project Manager’s role in FIDIC contracts is serious because they are responsible for interpreting and enforcing the contract.
FIDIC contracts can be intricate, including numerous clauses and provisions that guide the parties’ rights and obligations.
The Project Manager must have a thorough understanding of these documents to ensure that the contractors and employers are complying with their respective obligations.
They must interpret the contract’s requirements accurately and impartially, ensuring that all parties adhere to the agreed terms.
This task requires intelligence and comprehension to make sound judgments and decisions based on the contract’s provisions.
Secondly, FIDIC contracts often involve complex construction projects that require technical expertise.
The Project Manager’s role in this regard is essential as they oversee the technical aspects of the project.
They must possess a deep understanding of engineering principles and standards to ensure that, the construction adheres to specifications, codes, and regulations.
Project Managers are responsible for certifying the quality of materials, approving technical designs and inspecting the work to ensure compliance with the contract requirements.
Their diligence and comprehension are crucial in ensuring the successful completion of the project within the defined parameters.
Lastly, the Project Manager is entrusted with resolving disputes that may arise during the project.
FIDIC contracts provide various mechanisms for dispute resolution, including amicable negotiation, mediation, or adjudication.
The Project Manager is often tasked with facilitating these processes, impartially assessing the claims, and providing expert recommendations or decisions.
Their intelligence and comprehension are essential in understanding the complexities of the dispute and applying their technical knowledge to reach fair and just resolutions.
However, this article raised many questions among international law scholars.
Is the role of the Project Manager limited to supervision only?
Or does he have broader powers that include giving rulings in the event of a dispute between the project owner and the project implementing party?
In fact, there are many different legal opinions on this issue, some of whom went to give the role of the Project Manager all the powers to act as the supervisor, executor, and judge in this case.
I personally am against this opinion because the role of the Project Manager must be within the limits of his specializations and qualifications only and must not exceed that because this is sound logic, each according to his specialization.
Also, there is another opinion that gives the Project Manager specific powers in addition to his original powers as the Project Manager, and I am also against this opinion due to what was mentioned previously.
Last but not least, there is a third opinion that holds that the Project Manager should not be given any powers, whatever their form or content, except for his basic powers as the Project Manager.
In conclusion, in the event of any dispute in the project, the dispute should be referred to the competent authorities for settlement and adjudication.
This is my most correct opinion.
