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Contract Documents. Engineer will also have authority to
<br />require special inspection or testing of the Work as
<br />provided in Paragraph 13.04, whether or not the Work is
<br />fabricated, installed, or completed.
<br />9.06 Shop Drawings, Change Orders and Payments
<br />A. In connection with Engineer's authority, and
<br />limitations thereof, as to Shop Drawings and Samples, see
<br />Paragraph 6.17.
<br />B. In connection with Engineer's authority, and
<br />limitations thereof, as to design calculations and design
<br />drawings submitted in response to a delegation of
<br />professional design services, if any, see Paragraph 6.21.
<br />C. In connection with Engineer's authority as to Change
<br />Orders, see Articles 10, 11, and 12.
<br />D. In connection with Engineer's authority as to
<br />Applications for Payment, see Article 14.
<br />9.07 Determinations for Unit Price Work
<br />A. Engineer will determine the actual quantities and
<br />classifications of Unit Price Work performed by
<br />Contractor. Engineer will review with Contractor the
<br />Engineer's preliminary determinations on such matters
<br />before rendering a written decision thereon (by
<br />recommendation of an Application for Payment or
<br />otherwise). Engineer's written decision thereon will be
<br />final and binding (except as modified by Engineer to
<br />reflect changed factual conditions or more accurate data)
<br />upon Owner and Contractor, subject to the provisions of
<br />Paragraph 10.05.
<br />9.08 Decisions on Requirements of Contract
<br />Documents and Acceptability of Work
<br />A. Engineer will be the initial interpreter of the
<br />requirements of the Contract Documents and judge of the
<br />acceptability of the Work thereunder. All matters in
<br />question and other matters between Owner and Contractor
<br />arising prior to the date final payment is due relating to
<br />the acceptability of the Work, and the interpretation of the
<br />requirements of the Contract Documents pertaining to the
<br />performance of the Work, will be referred initially to
<br />Engineer in writing within 30 days of the event giving rise
<br />to the question
<br />B. Engineer will, with reasonable promptness, render a
<br />written decision on the issue referred. If Owner or
<br />Contractor believe that any such decision entitles them to
<br />an adjustment in the Contract Price or Contract Times or
<br />both, a Claim may be made under Paragraph 10.05. The
<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 />C. Engineer's written decision on the issue referred will
<br />be final and binding on Owner and Contractor, subject to
<br />the provisions of Paragraph 10.05.
<br />D. When functioning as interpreter and judge under this
<br />Paragraph 9.08, Engineer will not show partiality to
<br />Owner or Contractor and will not be liable in connection
<br />with any interpretation or decision rendered in good faith
<br />in such capacity.
<br />9.09 Limitations on Engineer's Authority and
<br />Responsibilities
<br />A. Neither Engineer's authority or responsibility under
<br />this Article 9 or under any other provision of the Contract
<br />Documents nor any decision made by Engineer in good
<br />faith either to exercise or not exercise such authority or
<br />responsibility or the undertaking, exercise, or
<br />performance of any authority or responsibility by
<br />Engineer shall create, impose, or give rise to any duty in
<br />contract, tort, or otherwise owed by Engineer to
<br />Contractor, any Subcontractor, any Supplier, any other
<br />individual or entity, or to any surety for or employee or
<br />agent of any of them.
<br />B. Engineer will not supervise, direct, control, or have
<br />authority over or be responsible for Contractor's means,
<br />methods, techniques, sequences, or procedures of
<br />construction, or the safety precautions and programs
<br />incident thereto, or for any failure of Contractor to
<br />comply with Laws and Regulations applicable to the
<br />performance of the Work. Engineer will not be respon-
<br />sible for Contractor's failure to perform the Work in
<br />accordance with the Contract Documents.
<br />C. Engineer will not be responsible for the acts or
<br />omissions of Contractor or of any Subcontractor, any
<br />Supplier, or of any other individual or entity performing
<br />any of the Work.
<br />D. Engineer's review of the final Application for Payment
<br />and accompanying documentation and all maintenance
<br />and operating instructions, schedules, guarantees, bonds,
<br />certificates of inspection, tests and approvals, and other
<br />documentation required to be delivered by Paragraph
<br />14.07.A will only be to determine generally that their
<br />content complies with the requirements of, and in the case
<br />of certificates of inspections, tests, and approvals that the
<br />results certified indicate compliance with the Contract
<br />Documents.
<br />E. The limitations upon authority and responsibility set
<br />forth in this Paragraph 9.09 shall also apply to, the
<br />Resident Project Representative, if any, and assistants, if
<br />any.
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700-28
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