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ENGINEER's observations on the Site of the make any examination to ascertain how or for executed Work as an experienced and qualified what purposes CONTRACTOR has used the design professional and on ENGINEER'S moneys paid on account of the Contract Price, review of the Application for Payment and the or to determine that title to any of the Work, accompanying data and schedules , that to the materials , or equipment has passed to best of ENGINEER'S knowledge , information OWNER free and clear of any Liens . and belief: 5 . ENGINEER may refuse to recom- a. the Work has progressed to the point mend the whole or any part of any payment if, indicated ; in ENGINEER's opinion , it would be incorrect to make the representations to OWNER referred b . the quality of the Work is generally in to in paragraph 14 .02 . 13 .2 . ENGINEER may accordance with the Contract Documents also refuse to recommend any such payment (subject to an evaluation of the Work as a or, because of subsequently discovered functioning whole prior to or upon evidence or the results of subsequent Substantial Completion , to the results of any inspections or tests, revise or revoke any such subsequent tests called for in the Contract payment recommendation previously made , to Documents , to a final determination of such extent as may be necessary in quantities and classifications for Unit Price ENGINEER's opinion to protect OWNER from Work under paragraph 9 .08 , and to any loss because : ether- qualifications stated, in the recommendation); and a . the Work is defective, or completed Work has been damaged , requiring c. The conditions precedent to correction or replacement; CONTRACTOR's being entitled to such payment appear to have been fulfilled in so b . the Contract Price has been reduced far as it is ENGINEER's responsibility to by Written Amendment or Change Orders; observe the Work. c. OWNER has been required to correct 3 . By recommending any such defective Work or complete Work in accor- payment ENGINEER will not thereby be dance with paragraph 13 .09 ; or deemed to have represented that: (i) inspec- tions made to check the quality or the quantity ENGINEER has a rt y 4:6 of the Work as it has been performed have the occurr o the events eRuFneF been exhaustive , extended to every aspect of , I A ' T the Work in progress, or involved detailed inspections of the Work beyond the responsi- C . Payment Becomes Due bilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the Application for Payment to O with parties that might entitle CONTRACTOR to be ENGINEER'S recomme n , the amount paid additionally by OWNER or entitle OWNER recommended wi sect to the provisions of to withhold payment to CONTRACTOR . paragra 2 . D ) become due, and when 4 . Neither ENGINEER'S review of CONTRACTOR'S Work for the purposes of D . Reduction in Payment recommending payments nor ENGINEER'S recommendation of any payment, including final 1 . OWNER may refuse to make payment, will impose responsibility on payment of the full amount recommended by ENGINEER to supervise , direct, or control the ENGINEER because: Work or for the means , methods , techniques , sequences , or procedures of construction , or a . claims have been made against the safety precautions and programs incident OWNER on account of CONTRACTOR'S thereto , or for CONTRACTOR's failure to performance or furnishing of the Work; comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. b . Liens have been filed in connection Additionally, said review or recommendation will with the Work, except where not impose responsibility on ENGINEER . to CONTRACTOR has delivered a specific 00700 - General Conditions REV 04-07 00700 - 39 F:\Engineering\Capital Projects\0206 5th ST SW & 43rd AVE Bridge Replacement & Roadway Improvements\CONTRACT BID\00700 - General Conditions REV 04-07.doc