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ENGINEER's observations on the Site of the make any examination to ascertain how or for <br /> executed Work as an experienced and qualified what purposes CONTRACTOR has used the <br /> design professional and on ENGINEER's moneys paid on account of the Contract Price , <br /> review of the Application for Payment and the or to determine that title to any of the Work, <br /> accompanying data and schedules , that to the materials , or equipment has passed to <br /> best of ENGINEER's knowledge, information OWNER free and clear of any Liens , <br /> and belief: <br /> 5 . ENGINEER may refuse to recom- <br /> a . the Work has progressed to the point mend the whole or any part of any payment if, <br /> indicated ; in ENGINEER's opinion , it would be incorrect to <br /> make the representations to OWNER referred <br /> b . the quality of the Work is generally in to in paragraph 14 .02 . 13 .2 . ENGINEER may <br /> accordance with the Contract Documents also refuse to recommend any such payment <br /> (subject to an evaluation of the Work as a or, because of subsequently discovered <br /> functioning whole prior to or upon evidence or the results of subsequent <br /> Substantial Completion , to the results of any inspections or tests, revise or revoke any such <br /> subsequent tests called for in the Contract payment recommendation previously made , to <br /> Documents , to a final determination of such extent as may be necessary in <br /> quantities and classifications for Unit Price ENGINEER's opinion to protect OWNER from <br /> Work under paragraph 9 . 08 , and to any loss because: <br /> other qualifications stated in the <br /> recommendation ); and a. the Work is defective, or completed <br /> Work has been damaged , requiring <br /> c. The conditions precedent to correction or replacement; <br /> CONTRACTOR's being entitled to such <br /> payment appear to have been fulfilled in so b . the Contract Price has been reduced <br /> far as it is ENGINEER's responsibility to by Written Amendment or Change Orders ; <br /> observe the Work. <br /> c. OWNER has been required to correct <br /> 3 . By recommending any such defective Work or complete Work in accor- <br /> payment ENGINEER will not thereby be dance with paragraph 13 .09 ; or <br /> deemed to have represented that: (1) inspec- <br /> tions made to check the quality or the quantity <br /> of the Work as it has been performed have <br /> been exhaustive, extended to every aspect of . <br /> the Work in progress , or involved detailed <br /> inspections of the Work beyond the responsi- C . Payment Becomes Due <br /> bilities specifically assigned to ENGINEER in <br /> the Contract Documents ; or (ii) that there may <br /> not be other matters or issues between the <br /> parties that might entitle CONTRACTOR to be , the amoun <br /> paid additionally by OWNER or entitle OWNER <br /> to withhold payment to CONTRACTOR. paFagFaph 14 .02 . D) beGeme due , and when <br /> due will be paid by QVVNER ta CONTRACTOR <br /> 4 . Neither ENGINEER's review of <br /> CONTRACTOR's Work for the purposes of D . Reduction in Payment <br /> recommending payments nor ENGINEER's <br /> recommendation of any payment, including final 1 . OWNER may refuse to make <br /> payment, will impose responsibility on payment of the full amount recommended by <br /> ENGINEER to supervise, direct, or control the ENGINEER because: <br /> Work or for the means , methods , techniques , <br /> sequences , or procedures of construction , or a . claims have been made against <br /> the safety precautions and programs incident OWNER on account of CONTRACTOR's <br /> thereto, or for CONTRACTOR's failure to performance or furnishing of the Work; <br /> comply with Laws and Regulations applicable to <br /> CONTRACTOR's performance of the Work. b . Liens have been filed in connection <br /> Additionally, said review or recommendation will with the Work, except where <br /> not impose responsibility on ENGINEER to CONTRACTOR has delivered a specific <br /> 00700 - General Conditions <br /> 00700 - 39 <br /> F:\Engineering\Petition Paving\0522 1st Rd. from 32nd Ave. to 35th Ave\Bid Documents\00700 - General Conditions.doc <br />