The Nature of Civil Liability of the Consulting Engineer in International Construction Contracts

Abstract

Civil liability legislations have agreed on considering the contractual fault as a basis of the contractual liability. While Tort liability is based on a breach of a general obligation “not to cause harm to another.” FIDIC contracts specify the liability of the consulting engineer in accordance to the fault, if his fault is related to contractual liability. Whereas he holds responsibility for the damage if it is associated to tort liability. This research aims to determine the nature of the civil liability of the consulting engineer, whether it is of contractual liability or tort liability in its relationship with the parties of FIDIC contract: the employer and the contractor.

Keywords: Tort Liability, Contractual Liability, damage, harmful acts, Tort.

DOI: 10.7176/JLPG/92-20

Publication date: December 31^st 2019