إصدار الأوامر التغييرية من قبل المهندس في عقد المقاولة : دراسة في عقد الفيدك النموذجي (الكتاب الأحمر)‎

Abstract EN

Varying the Works is considered among those authorities given to the Engineer in a construction contract.

Yet, such an authority is subject to some restrictions.

By issuing a Variation Order, the Engineer in fact requests either changes or additions to the Work which are not within the original contract’s scope.

The Engineer is obligated to ensure that the Variation Order is written, necessary and embodies additional or new work.

In return, the contractor becomes entitled to additional payment for such additional Work.

In the course of determining the legal status of the Engineer in issuing the Variation Order, it has been found that the Engineer, not being a party in the contract, has no right to amend it.

Then, both agency and works legal doctrines were analyzed and found not to be an appropriate legal base to justify such an authority.

Rather, it is necessary to analyze the Conditions of Particular Application of the contract; hence, if the Engineer is fully independent when issuing such an order then it can be considered a contractor in a Works Contract.

To the contrary, if such authority is restricted, then the Engineer may well be considered an agent.

But, if the Engineer has no discretion and authority whatsoever is doing so, it can be then considered as a mere Employer.

Finally, this research has concluded that the Variation Order can be legally established on the legal doctrine of delegation of authority to amend the contract to a third party, i.

e the Engineer.

This research has also called for re-regulating the role of the Engineer in the chapter of Works Contract in Jordan Civil Code