By Jude Njoku

The International Federation of Consulting Engineering contract popularly called FIDIC contract, defines the authority of the engineer on any project.

This contract method is currently being used by the Bureau of Public Procurement, BPP and some agencies of the Federal and State Governments in the execution of their projects.

The Association of Consulting Engineers of Nigeria, ACEN, is currently promoting the adoption of this contract methodol in the execution of all projects in the country.

Only last month, the Association held a national workshop to enable users of FIDIC contract have a better understanding of how to use it. ACEN President, Ibikunle Ogunbayo, an engineer described FIDIC as a standardized form of contract used in the construction industry.

But the Chairman of the Council of Registered Builders of Nigeria, CORBON, Akin Akindoyeni, a professor, faulted the engineers, insisting that FIDIC is another form of economic slavery being engineered by developed countries.

“FIDIC was developed as a means of contract which European engineers and contractors can use in developing nations, not in Europe. If anybody told you that FIDIC contract is being used in Europe, he is a liar. It is only for those in the third world and it sustains their income from the developing countries in perpetuity.

FIDIC contract allows the contractor to continue to collect money whether the work is going on or not,” the CORBON chairman alleged.

A building under consruction

Continuing, Akindoyeni who is former Director of Physical Planning at the National Universities Commission, NUC, said: “The university system was one of the victims of FIDIC contract.

University of Jos Central Library was one of those that had FIDIC contract and it went on; they stopped work about two years after they started and for 10 years, the contractor collected money for no work done. I stopped it when I was with NUC. These are drains on the treasury of this country; we cannot allow it to happen because it cannot happen elsewhere. It won’t happen in France or Germany where these people come from”.

Justifying the use of the FIDIC contract, FIDIC President, Mr Gregs Thomopulos, a Nigerian engineer based in the US said: “It states clearly what is the responsibility of the engineer on any project to help him manage the real construction. If there is a change in the scope of work, or you are delayed and would need more money, when you submit such, it has to go to the engineer first and the engineer renders a decision on that. The owner hires the engineer so it is very beneficial”.

In his own submission, Ogunbayo explained that FIDIC contract has been accepted worldwide by many UN agencies as a standardized form of contract. Many governments use FIDIC contract; in this country, many of the civil works that are ongoing are being managed using FIDIC contract,” he said.

Justifying the workshop organised by ACEN, Ogunbayo stated that it is important for those who design, build, own or manage contracts, have a better understanding of the structure and use of te contract methodology.

Former ACEN President, Mrs Mayen Adetiba, also an engineer was very frank in her analysis of te contract method. “When we first had the FIDIC contract some years ago, there were some areas that were not quite clear, even though I have been in practice for almost 40 years,” he said.