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<br /> be consistent with the intent of and reasonably CONTRACTOR the ENGINEER's preliminary
<br /> inferable from the Contract Documents . Such written determinations on such matters before rendering a
<br /> clarifications and interpretations will be binding on written decision thereon ( by recommendation of an
<br /> OWNER and CONTRACTOR . If OWNER and CON - Application for Payment or otherwise ) . ENGINEER's
<br /> TRACTOR are unable to agree on entitlement to or on written decision thereon will be final and binding
<br /> the amount or extent , if any, of any adjustment in the (except as modified by ENGINEER to reflect changed
<br /> Contract Price or Contract Times , or both , that should factual conditions or more accurate data ) upon
<br /> be allowed as a result of a written clarification or OWNER and CONTRACTOR , subject to the
<br /> interpretation , a Claim may be made therefor as provisions of paragraph 10 . 05 ,
<br /> provided in paragraph 10 . 05 .
<br /> 9 . 09 Decisions on Requirements of Contract
<br /> 9 . 05 Authorized Variations in Work Documents and Acceptability of Work
<br /> A. ENGINEER may authorize minor variations in A. ENGINEER will be the initial interpreter of the
<br /> the Work from the requirements of the Contract requirements of the Contract Documents and judge of
<br /> Documents which do not involve an adjustment in the the acceptability of the Work thereunder . Claims
<br />,
<br /> Contract Price or the Contract Times and are compatk disputes and other matters relating to the acceptability
<br /> ble with the design concept of the completed Project of the Work , the quantities and classifications of
<br /> Unit
<br /> as a functioning whole as indicated by the Contract Price Work , the interpretation of the requirements
<br /> of
<br /> Documents . These may be accomplished by a Field the Contract Documents pertaining to the
<br /> Order and will be binding on OWNER and also on performance of the Work , and Claims seeking
<br /> CONTRACTOR, who shall perform the Work involved changes in the Contract Price or Contract Times will
<br /> promptly. If OWNER and CONTRACTOR are unable be referred initially to ENGINEER in writing , in
<br /> to agree on entitlement to or on the amount or extent , accordance with the provisions of paragraph 10 . 05
<br />,
<br /> if any, of any adjustment in the Contract Price or with a request for a formal decision .
<br /> Contract Times , or both , as a result of a Field Order,
<br /> a Claim may be made therefor as provided in B . When functioning as interpreter and judge
<br /> paragraph 10 . 05 . under this paragraph 9 . 09 , ENGINEER will not show
<br /> partiality to OWNER or CONTRACTOR and will not
<br /> 9 . 06 Rejecting Defective Work be liable in connection with any interpretation or
<br /> decision rendered in good faith in such capacity. The
<br /> A. ENGINEER will have authority to disapprove rendering of a decision by ENGINEER pursuant to this
<br /> or reject Work which ENGINEER believes to be paragraph 9 . 09 with respect to any such Claim ,
<br /> defective , or that ENGINEER believes will not produce dispute , or other matter (except any which have been
<br /> a completed Project that conforms to the Contract waived by the making or acceptance of final payment
<br /> Documents or that will prejudice the integrity of the as provided in paragraph 14 . 07 ) will
<br /> be a condition
<br /> design concept of the completed Project as a precedent to any exercise by OWNER or
<br /> functioning whole as indicated by the Contract CONTRACTOR of such rights or remedies as either
<br /> Documents . ENGINEER will also have authority to may otherwise have under the Contract Documents or
<br /> require special inspection or testing of the Work as by Laws or Regulations in respect of any such
<br /> Claim ,
<br /> provided in paragraph 13 . 04 , whether or not the Work dispute , or other matter ,
<br /> is fabricated , installed , or completed .
<br /> 9 . 10 Limitations on ENGINEER 's Authority and
<br /> 9 . 07 Shop Drawings, Change Orders and Responsibilities
<br /> Payments
<br /> A. Neither ENGINEER's authority or respon -
<br /> A. In connection with ENGINEER's authority as sibility under this Article 9 or under any other provision
<br /> to Shop Drawings and Samples , see paragraph 6 . 17 , of the Contract Documents nor any decision made by
<br /> ENGINEER in good faith either to exercise or not
<br /> B . In connection with ENGINEER's authority as exercise such authority or responsibility or the
<br /> to Change Orders , see Articles 10 , 11 , and 12 . undertaking , exercise , or performance of any authority
<br /> or responsibility by ENGINEER shall create , impose ,
<br /> C . In connection with ENGINEER's authority as or give rise to any duty in contract , tort , or
<br /> otherwise
<br /> to Applications for Payment , see Article 14 , owed by ENGINEER to CONTRACTOR , any Subcon -
<br /> tractor, any Supplier , any other individual or entity, or
<br /> 9 . 08 Determinations for Unit Price Work to any surety for or employee or agent of any of them .
<br /> A. ENGINEER will determine the actual quanti- B . ENGINEER will not supervise , direct , control ,
<br /> ties and classifications of Unit Price Work performed or have authority over or be responsible for
<br /> by CONTRACTOR . ENGINEER will review with CONTRACTOR's means , methods , techniques , se-
<br /> 00700 - General Conditions REV 04-07 .doc
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