The Time Scope of Contractual Liability of Consulting Engineer in The traditional Design Bid Build system.

Abstract

The traditional DBB system is one of the most important Project Delivery Systems. The consultant engineer services are provided to the employer under a contract. However, the nature of the work of the consultant engineer has made it impossible for the consulting engineer to be limited to the territory of the parties and the government, by adopting the rules and guidelines, has a significant share in determining such responsibilities and its scope. The general terms and conditions of the consulting services contracts are among these guidelines. In clause 2 of Article 26 of the aforesaid terms, the responsibility of the consulting engineer toward the employer has been extended to the time after the definitive taking over of the project. An approach based on the nature of the consultant is also considered in the laws of other countries. However, the clause mentioned the term "later" as a criterion for determining the timing of imposing a liability on the consultant engineer. Accordingly, justice and legal rules require that by relying on role of the custom in interpreting the laws, this clause is to be interpreted and the disadvantage should be resolved under the private terms of the contract. Keywords: Contractual Civil Liability, Consulting Engineer, Client, General Conditions of the Contract, Agreement and Uniform General Conditions of Consulting Service Contracts.

Keywords

• contractual civil liability
• consulting engineer
• client
• general conditions of the contract
• agreement and uniform general conditions of consulting service contracts