Читать книгу The 2017 FIDIC Contracts - William Godwin - Страница 60

Clause 3.5 of the 1999 editions of the three contracts provides merely for the Engineer or Employer to consult each party in an endeavour to reach agreement. This quite often does not happen in practice, or, if it does, is often perfunctory. Clause 3.7.1 now requires the Engineer to consult both parties jointly and/or separately and to encourage discussion between the parties in an endeavour to reach agreement. The Engineer must commence such consultation promptly to allow adequate time to comply with the time limit for obtaining agreement under clause 3.7.3, which specifies a default period of 42 days from certain start points which are set out in that clause.⁷ The Engineer must also provide the parties with a record of the consultation, unless this is agreed to be dispensed with.

If agreement is achieved within the time limit for agreement under clause 3.7.3, the Engineer must give a notice of the agreement to both parties, stating on its face that it is a notice of their agreement (which they must sign) and including a copy of it. If no agreement is achieved within the time limit, or both parties advise the Engineer that no agreement can be achieved within that time, whichever is the earlier, then the Engineer is to give a notice to the parties accordingly. He must then immediately proceed under clause 3.7.2 to a determination.