论FIDIC合同条件下咨询工程师的定位与职责

Orientation and Responsibility of Consulting Engineer under the FIDIC Contract Condition

咨询工程师是根据授权,对工程项目进行包括合同管理、进度跟踪、质量控制、费用调控和组织协调等在内的全方位、全过程的监督管理。在FIDIC合同条件下,咨询工程师与业主之间是平等民事主体之间的委托合同关系,与承包商之间是一种管理与被管理的关系。其权力主要包括签发指令权和决定权,这些权力源于业主与承包商之间签订的施工合同以及业主与工程师之间签订的服务协议的授予,在法律性质上属于授予权。

Consulting engineer is entrusted to provide comprehensive and through supervision and management to the project which including but not limited to contract management,tracking of the progress,quality control,cost control,organize and coordinate.Under the FIDIC contract conditions,the relationship between the employer and consulting engineer is a trust contract one between subjects with equal status,and between the consulting engineer and contractor is the one that management and managed.The responsibility of engineer mainly include issuing instructions and making determinations,which deprive from the delegation of construction contract signed by the employer and the contractor and the services agreement signed by the employer and the consulting engineer,it belongs to delegated rights in legal nature.