Claim Responses and Determinations - Construction Claims and Responses: Effective Writing and Presentation - page 148

And:
'The Engineer shall proceed in accordance with Sub-Clause 3.5
[Determinai ons] to agree or determine (i) the extension (if any)
of the Time for Complei on (before or at er its expiry) in accord-
ance with Sub-Clause 8.4 [Extension of Time for Complei on], and/
or (ii) the addii onal payment (if any) to which the Contractor is
eni tled under the Contract. '
Sub-Clause 3.5 [Determinations] goes on to say:
' Whenever these Condii ons provide that the Engineer shall
proceed in accordance with this Sub-Clause 3.5 to agree or deter-
mine any mat er, the Engineer shall consult with each Party in an
endeavour to reach agreement. If agreement is not achieved, the
Engineer shall make a fair determinai on in accordance with the
Contract, taking due regard of all relevant circumstances.
The Engineer shall give noi ce to both Pari es of each agree-
ment or determinai on, with suppori ng pari culars. Each Party
shall give eff ect to each agreement or determinai on unless and
uni l revised under Clause 20 [Claims, Disputes and Arbitrai on]. '
Thus, the Engineer is obliged to approve the claim, or alternatively, to
disapprove it with detailed comments. If he fi nds that he does not have
suffi cient information to reach a satisfactory conclusion, he must comment
on the principles of the claim and request further particulars to enable
him to do so. The Engineer is also obliged to attempt to reach agreement
with both parties and, failing this, he must make a fair determination on
the matter and his determination should include supporting particulars.
The Engineer, or his equivalent under other forms of contract, can thus
be regarded as being between a rock and a hard place. On the one hand,