التزامات كل من العميل والاستشاري في ضوء تغير الظروف بعد التعاقد: دراسة مقارنة بين عقد المشورة المصري وعقد الفيديك (الكتاب الأبيض)‎

الملخص EN

The contracts related to the construction industry are vital in most projects, the consultant engineer should be aware of the technical, financial, and legal aspects of the client/consultant agreements.

The Client/Consultant agreement is one of the most important contracts which determine the obligations and rights of both the client and the consultant engineer.

This research will be study the obligations and responsibilities of both the client and the consultant in case of emergence of post-contract changed circumstances as defined in the provisions of both the Egyptian and FIDIC client/consultant agreement.

On the other hand, this research aims to determine the need to modify any relevant provisions in Egyptian client/consultant agreement with regard to emergence of post contract changed circumstances.

According to clause No 9 of the Egyptian client/consultant agreement, if changed circumstances arise for which the consultant engineer is not responsible and which make it irresponsible or impossible for him to perform, in whole or in part, the services in accordance with the contract, he shall promptly dispatch a notice to the client with these circumstances and its effects.

The time for completion shall be extended until the circumstances no longer exist and the client shall only be liable to pay compensation to the consultant engineer arising out of or in connection with the contract It is noted that the Egyptian client/consultant agreement has similarities with the clauses No 26, 28 and 30/ii of the FIDIC client/consultant agreement, in giving the right to the consultant engineer to extend the time of completion and to get a financial compensation if post-contract changed circumstances emerge.

The researcher suggests adding some amendments to clause No 9 of the Egyptian client/consultant agreement to separate between the remedies in case of emergence of post-contract changed circumstances (general exceptional incidents) and the remedies in case of emergence of force majeure, since the consequences of the general exceptional incidents on the obligations of consultant engineer are completely different from those of the force majeure.