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On large infrastructure projects, engineering companies are often hired to help employers draft and execute the project. The FIDIC forms of contract, and especially the Red Book, have always recognised the importance of contract management by entrusting the engineer with a wide array of services. However, due to their common law background, the FIDIC forms of contract, and so the engineer, are scarcely used in the Italian construction industry. By investigating the provisions of the Red Book, this article delves into the managerial functions carried out by the FIDIC engineer in an attempt to analyse the interaction between this professional and the law and practice of the Italian legal system.
1. THE ENGINEER: FROM THE BRITISH COURTROOMS TO THE FIDIC FORMS OF CONTRACT
Since the dawn of the industrial revolution, British engineers have been gaining prestige not only on their traditional playing field – the construction site – but also in a more unconventional location: the court of law. Within courtrooms, the engineer became the expert upon whom the judge relied during complex technical litigation.2 Eventually, this evolved into the practice of having an engineer fulfilling a decision-making function next to their traditional roles of designer and project manager. It’s here that the British engineer began to part ways with their continental colleagues, who remained confined to their conventional roles. This may explain why nowadays in the UK – and so in many other common law jurisdictions –