Study On The Engineers' Legal Status In The FIDIC Conditions Of Contract For Construction

International Project in essence, is to set up a Center Engineer for the contract management system, independent of the Engineer whether the employer and the contractor, to build employers, contractors, engineers of the triangular relationship among each other and achieve balance, to complete terms of the contract given its vital mission.Based on the FIDIC Conditions of Contract for Construction of understanding, will engineer the project to conduct a comprehensive summary of the status and their legal interpretation, a clear Engineer at the legal status of the contract and theoretical foundation, thereby Engineer with clarity between the employer and the contractor legal framework in order to make our country the supervision system and supervision system of international engineering standards.The thesis is divided into five parts to discuss the Engineer in the FIDIC Conditions of Contract for Construction under the conditions of legal status. The first part of this thesis discussed the Yellow River Xiaolangdi Project, as well as engineers in engineering role, thinking of the project in the application of the FIDIC contract conditions highlight the construction of some of the legal issues, raised questions: What is the status of the Engineer? The second part of this thesis introduce the legal nature and characteristics of the FIDIC Conditions of Contract for Construction, pointed out that the Engineer is a major feature of conditions in the contract, he has a special and important position. The third part of this thesis discusses the FIDIC Conditions of Contract for Construction status under the conditions of the legal basis for engineers. The FIDIC Conditions of Contract for Construction in the construction of the main parties involved are employers, engineers, contractors, among the " The trinity of the Employer, the Consulting Engineer and the Contractor "relationship, and engineers play a different role. In accordance with the FIDIC Conditions of Contract, employers are obliged to appoint engineers, engineers, management and implementation of contracts, under this system, based on the Engineer with the corresponding rights and conduct, in accordance with the terms of the contract are summarized Engineer in the contract which the agent of Human Supervision, quasi-arbitrator and mediator of the contractual status. The fourth part of this thesis itself from FIDIC Engineer to define the legal status and legal basis, in accordance with the rights of the Engineer sources, analysis engineers essentially have the legal status of the two: First, engineers are the basic legal status of the employer's agent. The Engineer based on the employer's delegation of authority involved in the project, the exercise of the agent as an employer to enjoy the progress of the project, quality, cost control and contract management, such as the vast majority of the rights of the employer. Second, engineers are the special legal status of quasi-arbitrator. The Engineer based on the employer and the contractor of the project co-authorized the exercise of contract interpretation to deal with disputes between employers and contractors, to play a prospective role of the arbitrator. Part V of this thesis, in view of construction project management in the supervision engineer in the status of the status quo, on the FIDIC Conditions of Contract for Construction, drawing the basic idea of the supervision engineer. Through laws and regulations' consummation, treaty wording's consummation, straighten out the relationship between the employer, the contractor and the engineer, the arbitration guarantee procedure to give the supervision engineer fairly the independence, the fair status.The Conclusion summarizes the core content of this thesis and pointed out that a number of shortcomings of this thesis.