9. 10 Limitations on ENGINEER's Authority and A. CONTRACTOR shall not be entitled to an increase in
<br /> Responsibilities the Contract Price or an extension of the Contract Times with
<br /> respect to any work performed that is not required by the
<br /> A. Neither ENGINEER's authority or responsibility under Contract Documents as amended, modified, or supplemented
<br /> this Article 9 or under any other provision of the Contract as provided in paragraph 3.04, except
<br /> in the case of an
<br /> Documents nor any decision made by ENGINEER in good faith emergency as provided in paragraph 6. 16 or in the case
<br />of
<br /> either to exercise or not exercise such authority or responsibility uncovering Work as provided in paragraph 13.04. 6.
<br /> or the undertaking, exercise, or performance of any authority or
<br /> responsibility by ENGINEER shall create, impose, or give rise to 10.03 Execution of Change Orders
<br /> any duty in contract, tort, or otherwise owed by ENGINEER to
<br /> CONTRACTOR, any Subcontractor, any Supplier, any other A. OWNER riate Change Orders mRACTTOORby ENGINEER execute shall
<br /> individual or entity, or to any surety for or employee or agent of Wnt ep Amendments) covering:
<br /> any of them.
<br /> B. ENGINEER will not supervise, direct, control, or have 1 . changes in the Work which are: (i) ordered by
<br /> authority over or be responsible for CONTRACTOR's means, OWNER pursuant to paragraph 10.01 .A, (ii) required
<br /> methods, techniques, sequences, or procedures of because of acceptance of defective Work under
<br /> construction, or the safety precautions and programs incident paragraph 13.08.A or OWNER's correction of defective
<br /> thereto, or for any failure of CONTRACTOR to comply with Work under paragraph 13.09, or (iii) agreed to by
<br /> the
<br /> Laws and Regulations applicable to the performance of the parties;
<br /> Work. ENGINEER will not be responsible for CONTRACTOR's 2 changes in the Contract Price or Contract Times
<br /> failure to perform the Work in accordance with the Contract
<br /> Documents. which are agreed to by the parties, including any
<br /> undisputed sum or amount of time for Work actually
<br /> C. ENGINEER will not be responsible for the acts or performed in accordance with a Work Change Directive;
<br /> omissions of CONTRACTOR or of any Subcontractor, any and
<br /> Supplier, or of any other individual or entity performing any of 3 changes in the Contract price or Contract Times
<br /> the Work.
<br /> which embody the substance of any written decision
<br /> D. ENGINEER's review of the final Application for rendered by ENGINEER pursuant to paragraph 10.05;
<br /> Payment and accompanying documentation and all provided that, in lieu of executing any such Change
<br /> maintenance and operating instructions, schedules, guarantees, Order, an appeal may be taken from any such decision
<br /> Bonds, certificates of inspection, tests and approvals, and other in accordance with the provisions of the
<br />Contract
<br /> documentation required to be delivered by paragraph 14.07A Documents and applicable Laws and Regulations, but
<br /> will only be to determine generally that their content complies during any such appeal, CONTRACTOR shall cant' on
<br /> with the requirements of, and in the case of certificates of the
<br /> Work
<br /> and
<br /> adhere
<br /> a to the
<br /> progress schedule as
<br /> inspections, tests, and approvals that the results certified Provin paragraph 9 P
<br /> indicate compliance with , the Contract Documents. 10.04 Notification to Surety
<br /> E. The limitations upon authority and responsibility set
<br /> forth in this paragraph 9. 10 shall also apply to ENGINEER's A If notice of any change affecting the general scope of
<br /> Consultants, Resident Project Representative, and assistants. the Work or the provisions of the Contract Documents
<br /> (including, but not limited to, Contract Price or Contract Times)
<br /> ARTICLE 10 - CHANGES IN THE WORK; CLAIMS is required by the provisions of any Bond to be given to a surety,
<br /> the giving of any such notice will be CONTRACTOR's
<br /> responsibility. The amount of each applicable Bond will be
<br /> 10.01 Authorized Changes in the Work adjusted to reflect the effect of any such change.
<br /> A Without invalidating the Agreement and without notice 10.05 Claims and Disputes
<br /> to any surety, OWNER may, at any time or from time to time,
<br /> order additions, deletions, or revisions in the Wait by a Written A. Notice. Written notice stating the general nature of
<br /> Amendment, a Change Order, or a Work Change Directive. each Claim, dispute, or other matter shall be delivered
<br /> by the
<br /> Upon receipt of any such document, CONTRACTOR shall claimant to ENGINEER and the other party to the
<br /> Contract
<br /> promptly pmoeed with the Work involved which will be promptly (but in no event later than 30
<br />days) after the start of
<br /> performed under the applicable conditions of the Contract the event giving rise thereto. Notice of the amount
<br /> or extent of
<br /> Documents (except as otherwise specifically provided). the Claim, dispute, or other matter with supporting data shaft be
<br /> delivered to the ENGINEER and the other party to the Contract
<br /> B. If OWNER and CONTRACTOR are unable to agree within 60 days after the start of such event (unless ENGINEER
<br /> on entitlement to, or on the amount or extent, if any, of an allows additional time for daimant to submit additional
<br /> or more
<br /> adjustment in the Contract Price or Contract Times, or both, that accurate data in support of such Claim, dispute, or
<br /> other
<br /> should be allowed as a result of a Work Change Directive, a matter). A Claim for an adjustment in Contract Price
<br /> shall be
<br /> Claim may be made therefore as provided in paragraph 10.05. prepared in accordance with the provisions of paragraph
<br /> 12.01 . 13. A Claim for an adjustment in Contract Time shall be
<br /> 10.02 Unauthorized Changes in the Work prepared in accordance with the provisions of paragraph
<br /> 12.02.6. Each Claim shall be accompanied by claimants
<br /> written statement that the adjustment claimed is the entire
<br /> 00700 - 24
<br />
|