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the safety precautions incident thereto . He will not be responsible for the Contractor' s failure to <br /> perform the work in accordance with the contract documents . During such visits and on the basis <br /> of his on - site observations as an experienced and qualified design professional , he will keep the <br /> Owner informed of the work , and will endeavor to guard the Owner against defects and <br /> deficiencies in the work of contractors and may disapprove work as failing to conform to the <br /> contract documents . Whenever he considers it necessary or advisable to insure the proper <br /> carrying out of the intent of the contract documents , <br /> the Engineer shall have authority to require the Contractor to stop the work , or to require special <br /> examination or testing of the work (whether or not fabricated , installed or completed ) , but this <br /> authority shall not give rise to any duty or responsibility of the Engineer to the Contractor , the <br /> subcontractors or any of their agents or employees to do so . <br /> If the Owner and Engineer agree , the Engineer will provide one or more full -time resident project <br /> representatives to assist the Engineer in carrying out his responsibilities at the site . The duties , <br /> responsibilities , and limitation of authority of any such resident project representative shall be as <br /> set forth in an exhibit to be incorporated in the contract documents . <br /> Article 39 . ENGINEER ' S DECISIONS <br /> The Engineer will , within a reasonable time after their presentation to him , make decisions in <br /> writing on all claims of the Owner or the Contractor and on all other matters relating to the <br /> execution and progress of the work or the interpretation of the contract . <br /> Article 40 . MEDIATION <br /> (A ) Demand for mediation : Any decision of the Engineer , which is subject to mediation , shall be <br /> submitted to mediation upon the demand of either party to the dispute . <br /> The Contractor shall not cause a delay of the work because of the pendency of mediation <br /> proceedings , except with the written permission of the Engineer , and then only until the mediator <br /> has an opportunity to determine whether or not the work shall continue until they decide the <br /> matters in dispute . <br /> The demand for mediation shall be delivered in writing to the Engineer and the adverse party , <br /> either personally or by registered mail to the last known address of each , within ten days of the <br /> receipt of the Engineer's decision , and in no case after final payment has been accepted . If the <br /> Engineer fails to make a decision within thirty days , a demand for mediation may be made as if his <br /> decision has been rendered against the demanding party . <br /> ( B ) Mediator : No one shall be nominated or act as a mediator who is in any way financially <br /> interested in this contract ; or in the business affairs of the Owner , or the Contractor, or the <br /> Engineer , or otherwise connected with any of them . The mediator shall be a person familiar with <br /> the nature of the work or the problem involved in the dispute submitted for mediation . The parties <br /> may agree upon one arbitrator. <br /> MAI <br />