Waleed Tariq Academy homeNEC4 vs FIDIC 2017 · Who does what
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NEC4 vs FIDIC 2017 · Module 1 · Lesson 2 of 4

Who does what

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Why it matters

Dana Whitfield runs both versions, but she does not wear the same hat in each

Same people, new titles. Owen Hale speaks for Merrow Vale, the Contractor, only in .

ECCRed Book
Aldermere Watera PartyClient
Merrow Vale Civilsa PartyContractorContractor
Dana Whitfield
Tom BarrowSupervisor
Owen HaleNot in this versionContractor’s Representative
DisputesAdjudicator, named in the Contract DataDAAB of one member, appointed 8 January 2026
Only Aldermere Water and Merrow Vale are . So whose side is Dana on when she values a GBP 142,000 change?

Source: ECC 11.2(13), 24.1, W1.2. FIDIC 3.1, 3.3, 4.3, 21.1.

The rule

Dana turns neutral only under Sub-Clause 3.7

Ask which hat Dana is wearing.

“the Engineer shall act neutrally between the Parties” (FIDIC 3.7)

Red Book: for the Employer

Instructions and (3.2).

Red Book: neutral

Agreeing or determining, without consent (3.2, 3.7).

ECC: as the contract states

Not called neutral (10.1). The is impartial (W1.2(2)).

Source: ECC 10.1, W1.2(2). FIDIC 3.2, 3.7, 3.7.2.

The rule

Dana can hand on almost any task, but two Red Book powers stay with her

Before you follow Tom’s instruction under the Red Book, check what Dana’s Notice gave him.

TopicECCRed Book
How Dana delegatesShe notifies Merrow Vale of the and the actionsClause 14.2By a that both Parties must receiveSub-Clause 3.4
What stays with DanaNothing. She may delegate any actionClause 14.2Acting under 3.7, and a Sub-Clause 3.4
Where Tom’s powers come fromHis own role as Supervisor, such as tests and Clauses 41.5, 43.1, 43.2Only what Dana delegates to him by NoticeSub-Clauses 3.3, 3.4
Who speaks for Merrow ValeNo set representative. The are namedClause 24.1Owen, the , for every NoticeSub-Clause 4.3

Source: ECC 14.2, 24.1, 41.5, 43.1, 43.2. FIDIC 3.3, 3.4, 4.3.

The rule

A new Engineer needs 42 days’ Notice, but a new Project Manager needs none

Under the ECC, Aldermere Water just names the replacement. Under the Red Book, Merrow Vale gets time to object.

“not less than 42 days before the intended date of replacement” (FIDIC 3.6)

ECCName only, no notice period
0 days
Red BookNotice before the change
42 days
014 days28 days42 days
Merrow Vale may object, with reasons, in its first 14 daysThe rest of the notice period

Source: ECC 14.4. FIDIC 3.6.

See it on the project

Dana orders the slope for the Employer, then values it neutrally

Watch when Dana’s duty changes.

The slope change under both contractsTwo lanes from late May to early November 2026. Each numbered marker matches an event in the card and the list.JuneJulyAugustSeptemberOctoberNovemberECCRed Book3.7 work1 CE014 instructed2 Dana assesses3 Adjudicator decides4 Variation 15 Neutral from here6 No agreement7 Determination
  1. 11 JunCE014 instructedECC Dana instructs a flatter slope. It changes the Scope, so it is CE014. She acts as the contract states (10.1).
  2. 220 JulDana assessesECC Dana assesses CE014 at GBP 142,000 and 12 days, still acting as the contract states.
  3. 330 OctAdjudicator decidesECC The Adjudicator decides GBP 176,000 and 18 days, acting impartially (W1.2(2)).
  4. 41 JunVariation 1Red Book Dana instructs Variation 1. Outside Sub-Clause 3.7 she acts for the Employer (3.2).
  5. 523 JunNeutral from hereRed Book Merrow Vale’s particulars arrive. Dana must now agree or determine the value, so she acts neutrally (3.7).
  6. 620 JulNo agreementRed Book Both Parties tell Dana they cannot agree. She gives a Notice and moves on to determine (3.7.1).
  7. 720 AugDeterminationRed Book Dana’s determination: GBP 142,000 and 12 days. It must be fair and follow the Contract (3.7.2).
11 JunECC

…

Decide first

Red Book. Aldermere Water wants a lower figure. Must Dana agree?

No. Agreeing or determining is 3.7 work, so she acts neutrally and needs no consent. Her GBP 142,000 determination had to be fair and follow the Contract.

FIDIC 3.2, 3.7

ECC. Leila Moss, the Contractor’s commercial manager, says Dana must be neutral on CE014. Right?

No. The ECC never calls the Project Manager neutral. Dana acts as the contract states. Impartiality is the duty. The Adjudicator decided GBP 176,000.

ECC 10.1, W1.2(2)

Source: ECC 10.1, 60.1(1), 64.1, W1.2(2). FIDIC 3.2, 3.7, 3.7.1, 3.7.2, 13.3.1.

Try it

Sort each action by how Dana, or the Adjudicator, must act

Hint: is Dana agreeing or determining? If not, under the Red Book she acts for the Employer.

Action 1 of 6

…

Source: ECC 10.1, W1.2(2). FIDIC 3.2, 3.7, 3.7.2.

Quick check · Who does what

Two questions on what you have just covered

Hint: count calendar days from receipt.

Quick checkPick an answer to see if you are right and why
1Suppose a new Engineer starts on 1 July 2026. When must the Notice arrive?
Wednesday 17 June 2026
Wednesday 20 May 2026
Any day before 1 July
2Suppose Owen’s Notice doubting Tom’s instruction reaches Dana on Monday 18 May 2026. Her answer is due by?
Friday 22 May 2026
Monday 1 June 2026
Monday 25 May 2026

2 questions to answer

Source: FIDIC 1.1.25, 3.4, 3.6. ECC 14.4.

Recap

Know which hat Dana wears, and who may act for her

Roles decide who you write to.

On Monday at work

  • Red Book: ask whether Dana acts for the Employer or neutrally (3.2, 3.7).
  • Doubt an instruction? Refer it to Dana by Notice. She has 7 days (3.4).
  • Log each 3.7 step for Variation 1 in the Register.

In the Toolkit: FIDIC 2017 Claims and Variations Register (Red Book) (Excel) Members

Next lesson: Communications that count

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Independent course material. It is not published or endorsed by NEC or FIDIC. Clause references are to the NEC4 Engineering and Construction Contract (June 2017 with amendments January 2023) and the FIDIC Conditions of Contract for Construction, Second Edition 2017 as first published. The project and the people are invented. Short quotes from NEC4 (© NEC 2017) and the FIDIC Red Book (© FIDIC 2017) are used for review and comment. Read the full clauses in your own copy of the contract.

Source: ECC 10.1, 14.2. FIDIC 3.2, 3.4, 3.7.

Go deeper (optional)

Acceptance, consent, replacement and delegation each have a rule of their own

Harder points. Open a card when you want them.

Does a Review lift Merrow Vale’s duties?

No. ECC acceptance leaves the duty to and the design liability alone. No Red Book check or Review relieves Merrow Vale either.

ECC 14.1. FIDIC 3.2

Does Dana need consent?

Only where the say so, and Aldermere’s list none. Work under 3.7 never needs consent, and the Employer may not add limits. Dana cannot amend the Contract.

FIDIC 3.2

Replacing Dana

Aldermere Water cannot appoint someone Merrow Vale reasonably objects to by Notice. If Dana falls ill, it may appoint at once, by a Notice with reasons. That stays temporary until Merrow Vale accepts the person or another is appointed.

FIDIC 3.6

Scope changes and delegation

Only the Project Manager changes the Scope, by an instruction. Dana may cancel a delegation, and may still act herself. Under the Red Book a further Notice revokes a delegation.

ECC 14.2, 14.3. FIDIC 3.4

Source: ECC 14.1, 14.2, 14.3. FIDIC 3.2, 3.4, 3.6.