FIDIC has over the years produced standard forms of contracts for the international procurement of projects. A
source of continuing criticism of its Red Book concerns the duality in the traditional role of the engineer as the
employer’s agent and as an independent third party holding the balance fairly between the employer and the
contractor. In response to this and other criticisms FIDIC produced a replacement for it in 1999. The role of
the engineer under the new Red Book is critically examined in the light of relevant case law, expert
commentaries and feedback from two multidisciplinary workshops with international participation. The
examination identified three major changes: (1) a duty to act impartially has been replaced by a duty to make
fair determination of certain matters; (2) it is open to parties to allow greater control of the engineer by the
employer by stating in the appropriate part of the contract powers the engineer must not exercise without the
employer’s approval; (3) there is provision for a Dispute Adjudication Board (DAB) to which disputes may be
referred. Although the duality has not been eliminated completely, the contract is structured flexibly enough to
support those who wish to contract on the basis of the engineer acting solely as the agent of the employer.