Engineer’s Authority to Delegate Clause Samples
The "Engineer’s Authority to Delegate" clause defines the engineer’s right to assign certain duties or responsibilities to other qualified individuals or representatives. In practice, this means the engineer can appoint assistants or delegate specific tasks, such as site inspections or document reviews, to ensure efficient project management. This clause ensures that the engineer can manage workload effectively and maintain project progress, while also clarifying the scope and limits of delegated authority to prevent misunderstandings.
Engineer’s Authority to Delegate. Any communication given by the Engineer’s Representative to the Contractor in accordance with such delegation shall have the same effect as though it had been given by the Engineer. Provided that:
(a) Any failure of the Engineer’s Representative to disapprove any work, materials or Plant shall not prejudice the authority of the Engineer to disapprove such work, materials or Plant and to give instructions for the rectification thereof, and
(b) If the Contractor questions any communication of the Engineer’s Representative he may refer the matter to the Engineer who shall confirm, reverse or vary the contents of such communication.
Engineer’s Authority to Delegate. Any communication given by the Engineer’s Representative to the Contractor in accordance with such delegation shall have the same effect as though it had been given by the Engineer. Provided that:
Engineer’s Authority to Delegate. The Engineer may from time to time assign duties and delegate authority to assistants, and may also revoke such assignment or delegation. These assistants may include a resident engineer, Project Manager, and/or independent inspectors appointed to inspect and/or test items of Plant and/or Materials. The assignment, delegation or revocation shall be in writing and shall not take effect until copies have been received by both Parties. However, unless otherwise agreed by both Parties, the Engineer shall not delegate the authority to determine any matter in accordance with Clause 3.5. Assistants shall be suitably qualified persons, who are competent to carry out these duties and exercise this authority, and who are fluent in the language for communications defined in Sub-Clause 1.3. Each assistant, to whom duties have been assigned or authority has been delegated, shall only be authorised to issue instructions to the Contractor to the extent defined by the delegation. Any approval, check, certificate, consent, examination, inspection, instruction, notice, proposal, request, test, or similar act by an assistant, in accordance with the delegation, shall have the same effect as though the act had been an act of the Engineer. However: