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a Claim may be made therefor as provided in accordance with the provisions of paragraph 10 . 05 ,
<br /> paragraph 10 . 05 . with a request for a formal decision .
<br /> 9 . 06 Rejecting Defective Work B . When functioning as interpreter and judge
<br /> under this paragraph 9 . 09 , ENGINEER will not show
<br /> A . ENGINEER will have authority to disapprove partiality to OWNER or CONTRACTOR and will
<br /> not
<br /> or reject Work which ENGINEER believes to be be liable in connection with any interpretation or
<br /> defective , or that ENGINEER believes will not produce decision rendered in good faith in such capacity.
<br /> The
<br /> a completed . Project that conforms to the Contract rendering of a decision by ENGINEER pursuant to this
<br /> Documents or that will prejudice the integrity of the paragraph : 9 . 09 with respect to any such Claim ,
<br /> design concept of the completed Project as a dispute , or other matter ( except any which have been
<br /> functioning whole as indicated by the Contract waived by the making or acceptance of final payment
<br /> Documents . ENGINEER will also have authority to as provided in paragraph 14 . 07 ) will be a condition
<br /> require special inspection or testing of the Work as precedent to any exercise by OWNER or
<br /> provided in paragraph 13 . 04 , whether or not the Work CONTRACTOR of such rights or remedies as
<br /> either
<br /> is fabricated , installed , or completed . may otherwise have under the Contract Documents or
<br /> by Laws or Regulations in respect of any such Claim ,
<br /> 9 . 07 Shop Drawings, Change Orders and dispute , or other matter.
<br /> Payments
<br /> 9 . 10 Limitations on ENGINEER 's Authority and
<br /> A. In connection with ENGINEER ' s authority as Responsibilities
<br /> to Shop Drawings and Samples , see paragraph 6 . 17 .
<br /> A . Neither ENGINEER ' s authority or respon -
<br /> B . In connection with ENGINEER ' s authority as sibility under this Article 9 or under any other
<br /> provision
<br /> to Change Orders , see Articles 10 , 11 , and 12 . of the Contract Documents nor any decision made
<br /> by
<br /> ENGINEER in good faith either to exercise or not
<br /> C . In connection with ENGINEER ' s authority as exercise such authority or responsibility or the
<br /> to Applications for Payment, see Article 14 . undertaking , exercise , or performance of any authority
<br /> or responsibility by ENGINEER shall create , impose ,
<br /> 9 . 08 Determinations for Unit Price Work or give rise to any duty in contract, tort, or
<br />otherwise
<br /> owed by ENGINEER to CONTRACTOR , any Subcon -
<br /> A. ENGINEER will determine the actual quanti- tractor, any Supplier, any other individual or
<br />entity , or
<br /> ties and classifications of Unit Price Work performed to any surety for or employee or agent of any of them
<br />.
<br /> by CONTRACTOR . ENGINEER will review with
<br /> CONTRACTOR the ENGINEER ' s preliminary B . ENGINEER will not supervise , direct, control ,
<br /> determinations on such matters before rendering a or have authority over or be responsible for
<br /> written decision thereon ( by recommendation of an CONTRACTOR ' s means , methods , techniques , se-
<br /> Application for Payment or otherwise ) . ENGINEER' s quences , or procedures of construction , or the safety
<br /> written decision thereon will be final and binding precautions and programs incident thereto , or for any
<br /> ( except as modified by ENGINEER to reflect changed failure of CONTRACTOR to comply with Laws and
<br /> factual conditions or more accurate data ) upon Regulations applicable to the performance of the
<br /> OWNER and CONTRACTOR , subject to the Work. ENGINEER will not be responsible for
<br /> provisions of paragraph 10 . 05 . CONTRACTOR ' s failure to perform the Work in
<br /> accordance with the Contract Documents .
<br /> 9 . 09 Decisions on Requirements of Contract
<br /> Documents and Acceptability of Work C . ENGINEER will not be responsible for the
<br /> acts or omissions of CONTRACTOR or of any
<br /> A. ENGINEER will be the initial interpreter of the Subcontractor, any Supplier, or of any other individual
<br /> requirements of the Contract Documents and judge of or entity performing any of the Work.
<br /> the acceptability of the Work thereunder. Claims ,
<br /> disputes and other matters relating to the acceptability D . ENGINEER ' s review of the final Application
<br /> of the Work , the quantities and classifications of Unit for Payment and accompanying documentation and all
<br /> Price Work , the interpretation of the requirements of maintenance and operating instructions , schedules ,
<br /> the Contract Documents pertaining to the guarantees , Bonds , certificates of inspection , tests
<br /> performance of the Work , and Claims seeking and approvals , and other documentation required to
<br /> changes in the Contract Price or Contract Times will be delivered by paragraph 14 . 07 . A will only be to
<br /> be referred initially to ENGINEER in writing , in determine generally that their content complies with
<br /> the requirements of, and in the case of certificates of
<br /> 00700 - General Conditions.doc
<br /> 00700 - 29
<br /> F :1Engineering\Land Development PermitslQuail Creek PD\Bid -Contract Documents100700 - General Conditions. doc
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