|
Contract Documents. Engineer will also have authority to C. Engineer' s written decision on the issue referred will
<br /> require special inspection or testing of the Work as be final and binding on Owner and Contractor, subject to
<br /> provided in Paragraph 13 . 04, whether or not the Work is the provisions of Paragraph 10.05 .
<br /> fabricated, installed, or completed.
<br /> D. When functioning as interpreter and judge under this
<br /> 9.06 Shop Drawings, Change Orders and Payments Paragraph 9.08, Engineer will not show partiality to
<br /> Owner or Contractor and will not be liable in connection
<br /> A. In connection with Engineer' s authority, and with any interpretation or decision rendered in good faith
<br /> limitations thereof, as to Shop Drawings and Samples, see in such capacity.
<br /> Paragraph 6. 17.
<br /> 9 .09 Limitations on Engineer 's Authority and
<br /> B. In connection with Engineer' s authority, and Responsibilities
<br /> limitations thereof, as to design calculations and design
<br /> drawings submitted in response to a delegation of A. Neither Engineer's authority or responsibility under
<br /> professional design services, if any, see Paragraph 6.21 . this Article 9 or under any other provision of the Contract
<br /> Documents nor any decision made by Engineer in good
<br /> C. In connection with Engineer's authority as to Change faith either to exercise or not exercise such authority or
<br /> Orders, see Articles 10, 11 , and 12 . responsibility or the undertaking, exercise, or
<br /> performance of any authority or responsibility by
<br /> D. In connection with Engineer's authority as to Engineer shall create, impose, or give rise to any duty in
<br /> Applications for Payment, see Article 14. contract, tort, or otherwise owed by Engineer to
<br /> Contractor, any Subcontractor, any Supplier, any other
<br /> 9.07 Determinations far Unit Price Work individual or entity, or to any surety for or employee or
<br /> agent of any of them.
<br /> A. Engineer will determine the actual quantities and
<br /> classifications of Unit Price Work performed by B . Engineer will not supervise, direct, control , or have
<br /> Contractor. Engineer will review with Contractor the authority over or be responsible for Contractor's means,
<br /> Engineer's preliminary determinations on such matters methods, techniques, sequences, or procedures of
<br /> before rendering a written decision thereon (by construction, or the safety precautions and programs
<br /> recommendation of an Application for Payment or incident thereto, or for any failure of Contractor to
<br /> otherwise). Engineer' s written decision thereon will be comply with Laws and Regulations applicable to the
<br /> final and binding (except as modified by Engineer to performance of the Work. Engineer will not be respon-
<br /> reflect changed factual conditions or more accurate data) sible for Contractor's failure to perform the Work in
<br /> upon Owner and Contractor, subject to the provisions of accordance with the Contract Documents.
<br /> Paragraph 10.05.
<br /> C. Engineer will not be responsible for the acts or
<br /> 9.08 Decisions on Requirements of Contract omissions of Contractor or of any Subcontractor, any
<br /> Documents and Acceptability of Work Supplier, or of any other individual or entity performing
<br /> any of the Work.
<br /> A . Engineer will be the initial interpreter of the
<br /> requirements of the Contract Documents and judge of the D. Engineer' s review of the final Application for Payment
<br /> acceptability of the Work thereunder. All matters in and accompanying documentation and all maintenance
<br /> question and other matters between Owner and Contractor and operating instructions, schedules, guarantees, bonds,
<br /> arising prior to the date final payment is due relating to certificates of inspection, tests and approvals, and other
<br /> the acceptability of the Work, and the interpretation of the documentation required to be delivered by Paragraph
<br /> requirements of the Contract Documents pertaining to the 14.07.A will only be to determine generally that their
<br /> performance of the Work, will be referred initially to content complies with the requirements of, and in the case
<br /> Engineer in writing within 30 days of the event giving rise of certificates of inspections, tests, and approvals that the
<br /> to the question results certified indicate compliance with the Contract
<br /> Documents.
<br /> B. Engineer will , with reasonable promptness, render a
<br /> written decision on the issue referred. If Owner or E. The limitations upon authority and responsibility set
<br /> Contractor believe that any such decision entitles them to forth in this Paragraph 9.09 shall also apply to, the
<br /> an adjustment in the Contract Price or Contract Times or Resident Project Representative, if any, and assistants, if
<br /> both, a Claim may be made under Paragraph 10.05. The any.
<br /> date of Engineer's decision shall be the date of the event
<br /> giving rise to the issues referenced for the purposes of
<br /> Paragraph 10.05 . B.
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br /> 00700 - 28
<br />
|