Why hiring assistants is important for the success of the project.

The appointment of "assistants" is essential for the success of a project. The word "assistants" should not be

interpreted as indicating that they will have a minor supporting role. Generally, these persons have a major role in the achievement of a successful project, and should therefore be selected with some care. The word "assistants" is only used in order to allow each appointee to have whatever formal title is considered by the appointing party to be appropriate.

Many assistants may need to be appointed, including resident engineer(s) and other professional staff on the Site, and inspectors on the Site and/or to visit manufacturers' works. Some of these persons may need to have authority delegated to them, so that they can be fully effective. Delegation and revocation do not take effect until copies have been passed to the Parties, and therefore cannot be retrospective.

The Employer should ensure that there are sufficient assistants, and that they comply with the criteria. They are all included within the definition of "Employer's Personnel". Under CONS or P&DB, whenever an assistant acts in accordance with a delegated power, the act has the same effect as though it had been performed by the Engineer. These acts, performed (in effect) by the Engineer, shall not relieve the Contractor from any responsibility. Therefore, an approval or consent under the Contract, given by a duly authorized assistant in accordance with the latter's delegated powers, has the same effect as it would have had if it had been given by the Engineer, but it does not relieve the Contractor from any responsibility.

Assistants refers to the Employer's Representative and to his/her assistants. Whenever he/she or an assistant acts in accordance with a delegated power, the act has the same effect as though it had been performed by the Employer. these acts performed (in effect) by the Employer shall not relieve the Contractor from any responsibility, unless otherwise stated in the communication relating to such act. Therefore, an approval or consent under the Contract, given in accordance with a delegated power, has the same effect as it would have had if it had been given by the Employer. If it is written in terms which clearly relieve the Contractor from a responsibility under the Contract, the Contractor is entitled to rely upon it as though it had been given by the Employer.

However, irrespective of Engineering, Procurement, Construction, Turnkey (EPCT's) relief from responsibility in respect of approvals and consents given by the Employer's Representative or his/her assistants, the right to reject Plant, Materials, design or workmanship is wholly unaffected if:

- approval or consent was only given by a person to whom the relevant authority had not been delegated;

- approval or consent was only given orally.

- no approval (or disapproval) or consent has been given.

The Contractor may be dissatisfied with an assistant's determination or instruction. For example, the determination might have been a disapproval or an opinion of non-compliance. However, unless both Parties agree. Otherwise agreed by both Parties, the Engineer shall not delegate the authority to determine any matter in accordance.

If the Contractor is dissatisfied with a determination or instruction which had been given by an assistant or by Engineering, Procurement, Construction, Turnkey (EPCT's) Employer's Representative, he may refer the matter to the Engineer under CONS or P&DB, or to the Employer under EPCT, who shall confirm, reverse or vary the determination or instruction. The consequences of the reversal or variation are not stated, because they depend upon the nature of the determination or instruction and on the actual events, particularly any events which wee influenced by, or took account of, the determination or instruction.

Source: FEDERATION INTERNATIONALE DES INGENIEURS-CONSEILS