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Contract Documents . Engineer will also have authority to C . Engineeris-wr-itten-decision-elt �uil�-
<br /> the issue-referred
<br /> require special inspection or testing of the Work as be final andY binding-oriQwner-an-d-o ctor, subject to
<br /> provided in Paragraph 13 . 04, whether or not the Work is
<br /> fabricated , installed , or completed . rovtsronsrofParagraph-10:05 .
<br /> 9 . 06 Shop Drawings, Change Orders and Payments D . When"futa6tior.ring-as interpreter.a.rad j.Hidge.-under44is
<br /> Y Paragraph 9 . 08 , Engineer will not s�ho�' partrality to
<br /> Owner or Contractor an wjl of be liable in connection
<br /> A . In connection with Engineer ' s authority, and with any ipte . ation or decision rendered in good faith
<br /> limitations thereof, as to Shop Drawings and Samples, seen L`ie -ca.pa&ity.
<br /> Paragraph 6 . 17 .
<br /> 9 . 09 Limitations on Engineer 's Aatthority and
<br /> B . In connection with Engineer ' s authority, and Responsibilities
<br /> limitations thereof, as to design calculations and design
<br /> drawings submitted in response to a delegation of A . Neither Engineer ' s authority or responsibility under
<br /> professional design services, if any, see Paragraph 6 . 21 . this Article 9 or under any other provision of the Contract
<br /> C . In connection with Engineer ' s authority as to ChanDocuments nor any decision made by Engineer in good
<br /> ge faith either to exercise or not exercise such authority or
<br /> Orders , see Articles 10 , 11 , and 12 . responsibility or the undertaking, exercise, or
<br /> D . In connection with Engineer ' s authorit to performance of any authority or responsibility by
<br /> Y as Engineer shall create, impose, or give rise to any duty in
<br /> Applications for Payment, see Article 14 . contract, tort, or otherwise owed by Engineer to
<br /> Contractor, any Subcontractor, any Supplier, any other
<br /> 9 . 07 Determinations for Unit Price Work individual or entity , or to any surety for or employee or
<br /> A . Engineer will determine the actual quantities and agent of any of them .
<br /> classifications of Unit Price Work performed by B . Engineer will not supervise, direct, control , or have
<br /> Contractor. Engineer will review with Contractor the authority over or be responsible for Contractor ' s means,
<br /> Engineer' s preliminary determinations on such matters methods, techniques, sequences , or procedures of
<br /> before rendering a written decision thereon (by construction , or the safety precautions and programs
<br /> recommendation of an Application for Payment or incident thereto, or for any failure of Contractor to
<br /> otherwise) . Engineer ' s written decision thereon will be comply with Laws and Regulations applicable to the
<br /> final and binding ( except as modified by Engineer to performance of the Work. Engineer will not be respon-
<br /> reflect changed factual conditions or more accurate data) sible for Contractor ' s failure to perform the Work in
<br /> upon Owner and Contractor, subject to the provisions of accordance with the Contract Documents .
<br /> Paragraph 10 . 05 ,
<br /> C . Engineer will not be responsible for the acts or
<br /> 9 . 08 Decisions on Requirements of Contract omissions of Contractor or of any Subcontractor, any
<br /> Documents and Acceptability of Work Supplier, or of any other individual or entity performing
<br /> A . Engineer will be the initial interpreter of the any of the Work .
<br /> requirements of the Contract Documents and judge of the D . Engineer ' s review of the final Application for Payment
<br /> acceptability of the Work thereunder. and accompanying documentation and all maintenance
<br /> ..question-and-other_ma.tters-betaveen-owner. and.-Contractor and operating instructions, schedules, guarantees, bonds,
<br /> ar.isi.n.g_priorto-the-date_fina.l-pay-inen4 i-s-due-rG1ati•ng to certificates of inspection , tests and approvals, and other
<br /> the-aeeeptabil•ity-of the-Work-and-the-interpretation-of_the documentation required to be delivered by Paragraph
<br /> requirements-af-the-C-entr-act Documents-pertaining-to-tl e 14 . 07 .A will only be to determine generally that their
<br /> per-for-mance-of-the "Work;will-be-re- fer-red-initially-to content complies with the requirements of, and in the case
<br /> Engineer-in-writing-within 30-days-ef the-event giving-rise of certificates of inspections, tests , and approvals that the
<br /> •te4he•questie+l results certified indicate compliance with the Contract
<br /> Documents .
<br /> B . Engineer will , with reasonable promptness, render a
<br /> written decision on the issue referred . if Owner or E . The limitations upon authority and responsibility set
<br /> Contractor believe that any such decision entitles them to forth in this Paragraph 9 . 09 shall also apply to, the
<br /> an adjustment in the Contract Price or Contract Times or Resident Project Representative, if any, and assistants, if
<br /> both , a Claim may be made under Paragraph 10 . 05 . The any .
<br /> date of Engineer ' s decision shall be the date of the event:
<br /> giving rise to the issues referenced for the purposes of
<br /> Paragraph 10 . 05 . 13 .
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright 0 2002 National Society of Professional Engineers for EJCDC. All rights reserved .
<br /> 00700 - 28
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