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<br /> ENGINEER's efforts will be directed toward providing for 9.06 Rejecting Defective Work
<br /> OWNER a greater degree of confidence that the completed
<br /> Work will conform generally to the Contract Documents. On the A. ENGINEER will have authority to disapprove or reject
<br /> basis of such visits and observations, ENGINEER will keep Work which ENGINEER believes to be defective,
<br /> or that
<br /> OWNER informed of the progress of the Worts and will ENGINEER believes will not produce a completed
<br /> Project that
<br /> endeavor to guard OWNER against defective Work conforms to the Contract Documents or that will prejudice the
<br /> integrity of the design concept of the completed Project as a
<br /> B. ENGINEER's visits and observations are subject to all functioning whole as indicated by the Contract Documents.
<br /> the limitations on ENGINEER's authority and responsibility set ENGINEER will also have authority to require special inspection
<br /> forth in paragraph 9. 10, and particularly, but without limitation, or testing of the Work as provided in paragraph 13.04, whether
<br /> during or as a result of ENGINEER's visits or observations of or not the Work is fabricated, installed, or completed.
<br /> CONTRACTOR's Work ENGINEER will not supervise, direct,
<br /> control, or have authority over or be responsible for 9. 07 Shop Drawings, Change Orders and Payments
<br /> CONTRACTOR's means, methods, techniques, sequences, or
<br /> procedures of construction; or the safety precautions and A. In connection with ENGINEER's authority as to Shop
<br /> programs incident thereto, or for any failure of CONTRACTOR Drawings and Samples, see paragraph 6. 17.
<br /> to comply with taws and Regulations applicable to the B In connection with ENGINEER's authority
<br /> as to
<br /> performance of the Work.
<br /> Change Orders, see Articles 101 11 , and 12.
<br /> 9.03 Project Representative
<br /> C. In connection with ENGINEER's authority as to
<br /> A. If OWNER and ENGINEER agree, ENGINEER will Applications for Payment, see Article 14.
<br /> fumish a Resident Project Representative to assist ENGINEER
<br /> in providing more extensive observation of the Work The 9.08 Determinations for Unit Price Work
<br /> responsibilities and authority and limitations thereon of any such
<br /> Resident Project Representative and assistants will be as A. ENGINEER will determine the actual quantities and
<br /> provided in paragraph 9. 10 and in the Supplementary classifications of Unit Price Work perfomred by
<br /> Conditions. If OWNER designates another representative or CONTRACTOR. ENGINEER will review with CONTRACTOR
<br /> agent to represent OWNER at the Site who is not ENGINEER's the ENGINEER's preliminary determinations on such matters
<br /> Consultant agent or employee, the responsibilities and authority before rendering a written decision thereon (by recommendation
<br /> and limitations thereon of such other individual or entity will be of an Application for Payment or otherwise). ENGINEER's
<br /> as provided in the Supplementary Conditions. written decision thereon will be final and binding (except as
<br /> modified by ENGINEER to reflect changed factual conditions or
<br /> 9.04 Clarifications and Interpretations more accurate data) upon OWNER and CONTRACTOR,
<br /> subject to the provisions of paragraph 10.05.
<br /> A. ENGINEER will issue with reasonable promptness
<br /> such written clarifications or interpretations of the requirements 9. 09 Decisions on Requirements of Contract Documents
<br /> of the Contract Documents as ENGINEER may determine and Acceptability of Work
<br /> necessary, which shall be consistent with the intent of and
<br /> reasonably inferable from the Contract Documents. Such A. ENGINEER will be the initial interpreter
<br /> of the
<br /> written clarifications and interpretations will be binding on requirements of the Contract Documents and
<br /> judge of the
<br /> OWNER and CONTRACTOR If OWNER and CONTRACTOR acceptability of the Work thereunder. Claims, disputes and
<br /> are unable to agree on entitlement to or on the amount or other matters relating to the acceptability
<br /> of the Work, the
<br /> extent, if any, of any adjustment in the Contract Price or quantities and classifications of Unit Price Work, the
<br /> Contract Times, or both, that should be allowed as a result of a interpretation of the requirements of the Contract Documents
<br /> written clarification or interpretation, a Claim may be made pertaining to the performance of the Work, and Claims seeking
<br /> therefore as provided in paragraph 10.05. changes m the Contract Price or Contract Times will be referred
<br /> initially to ENGINEER in writing, in accordance with the
<br /> 9.05 Authorized Variations in Work provisions of paragraph 10.05, with a request for a formal
<br /> decision.
<br /> A. ENGINEER may authorize minor variations in the
<br /> Work from the requirements of the Contract Documents which B. When functioning as interpreter and judge under this
<br /> do not imroMe an adjustment in the Contract Price or the paragraph 9.09, ENGINEER will not show partiality to
<br /> OWNER
<br /> Contract Tares and are compatible with the design concept of or CONTRACTOR and will not be liable in connection with any
<br /> the completed Project as a functioning whole as indicated by the interpretation or decision rendered in good faith
<br /> in such
<br /> Contract Documents. These may be accomplished by a Field capacity. The rendering of a decision by ENGINEER pursuant
<br /> Order and will be binding on OWNER and also on to this paragraph 9.09 with respect to any such Claim, dispute,
<br /> CONTRACTOR, who shall perform the Work involved promptly. or other matter (except any which have been waived by the
<br /> N OWNER and CONTRACTOR are unable to agree on making or acceptance of final payment as
<br /> provided in
<br /> entitlement to or on the amount or extent, if any, of any paragraph 14.07) will be a condition precedent
<br /> to any exercise
<br /> adjustment in the Contract Price or Contract Times, or both, as by OWNER or CONTRACTOR of such rights or remedies as
<br /> a result of a Field Order, a Claim may be made therefore as either may otherwise have under the Contract Documents or
<br /> by
<br /> provided in paragraph 10.05. Laws or Regulations in respect of any such Claim, dispute, or
<br /> other matter.
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