2004-103 - Laserfiche WebLink

Home Browse Search

' 9 . 04 Clarifications and Interpretations C . In connection with ENGINEER' s authority as to Applications for Payment, see Article 14 . A. ENGINEER will issue with reasonable promptness ' such written clarifications or interpretations of the require- 9 .08 Determinations for Unit Price Work ments of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the A. ENGINEER will determine the actual quantities ' intent of and reasonably inferable from the Contract Docu- and classifications of Unit Price Work performed by ments. Such written clarifications and interpretations will CONTRACTOR. ENGINEER will review with CON- be binding on OWNER and CONTRACTOR. If OWNER TRACTOR the ENGINEER' s preliminary determinations ' and CONTRACTOR are unable to agree on entitlement to on such matters before rendering a written decision thereon or on the amount or extent, if any, of any adjustment in the (by recommendation of an Application for Payment or Contract Price or Contract Times, or both, that should be otherwise) . ENGINEER' s written decision thereon will be allowed as a result of a written clarification or interpre- final and binding (except as modified by ENGINEER to ' tation, a Claim may be made therefor as provided in reflect changed factual conditions or more accurate data) paragraph 10. 05 . upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05 . 9 . 05 Authorized Variations in Work 9 .09 Decisions on Requirements of Contract A. ENGINEER may authorize minor variations in the Documents and Acceptability of Work Work from the requirements of the Contract Documents ' which do not involve an adjustment in the Contract Price or A. ENGINEER will be the initial interpreter of the the Contract Times and are compatible with the design requirements of the Contract Documents and judge of the concept of the completed Project as a functioning whole as acceptability of the Work thereunder. Claims, disputes and ' indicated by the Contract Documents . These may be other matters relating to the acceptability of the Work, the accomplished by a Field Order and will be binding on quantities and classifications of Unit Price Work, the OWNER and also on CONTRACTOR, who shall perform interpretation of the requirements of the Contract the Work involved promptly. If OWNER and CONTRAC- Documents pertaining to the performance of the Work, and TOR are unable to agree on entitlement to or on the amount Claims seeking changes in the Contract Price or Contract or extent, if any, of any adjustment in the Contract Price or Times will be referred initially to ENGINEER in writing, in Contract Times, or both, as a result of a Field Order, a accordance with the provisions of paragraph 10.05 , with a Claim may be made therefor as provided in paragraph request for a formal decision. 10. 05 . Paragraph 9.09.13 has been deleted in its entirety. 9 . 06 Rejecting Defective Work B . lAqwa funetioning as interpreter- and judge tmdef this paragraph 9 . 09, ENGPMER :%ill net shew paf4ialily to A. ENGINEER will have authority to disapprove or OWNER or- GOON Tn CTO and .. .: n not be liable in. reject Work which ENGINEER believes to be defective, or ' that ENGINEER believes will not produce a completed geed fad in sueh e-apaehy'lhe Fende»g- of a desisien by Project that conforms to the Contract Documents or that ENGP_ EE . .,t to this paragraph 9 . 09 .. .:a, _o eet to will prejudice the integrity of the design concept of the any sueh sueClain, dispute, or other .. . uef (except any •4iieh completed Project as a functioning whole as indicated by have been ea by the -main• eF aceeptanee of fiaa ' the Contract Documents . ENGINEER will also have paymei# ^ ^ - 0• .: aoa in paragraph 14 . 07) .. ,.•n be ^ ,.ondit: en authority to require special inspection or testing of the Work pFecedent as provided in paragraph 13 .04, whether or not the Work is Of SUGh Fig t^ OF ^midi^^ either may othef3A4se have ' fabricated, installed, or completed. ..ae the Gentff^ ,.t r'^^• • " RegulatiORS o ism oet ,. ..• •,.1, !`1 f any aLx dispute, o other- l^tte 9 . 07 Shop Drawings, Change Orders and Payments ' 9 . 10 Limitations on ENGINEER 's Authority and A. In connection with ENGINEER's authority as to Responsibilities Shop Drawings and Samples, see paragraph 6 . 17 . A. Neither ENGINEER' s authority or responsibility ' B . In connection with ENGINEER' s authority as to under this Article 9 or under any other provision of the Change Orders, see Articles 10, 11 , and 12 . Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such ' authority or responsibility or the undertaking, exercise, or ' 00700 - 30