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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
<br />is fabricated, installed, or completed.
<br />9.07 Shop Drawings, Change Orders and
<br />Payments
<br />A. In connection with ENGINEER's authority as
<br />to Shop Drawings and Samples, see paragraph 6.17.
<br />B. In connection with ENGINEER's authority as
<br />to Change Orders; see Articles 10, 11, and 12.
<br />C. In connection with ENGINEER's authority as
<br />to Applications for Payment, see Article 14.
<br />9.08 Determinations for Unit Price Work
<br />A. ENGINEER will determine the actual quanti-
<br />ties and classifications of Unit Price Work performed
<br />by CONTRACTOR. ENGINEER will review with
<br />CONTRACTOR the ENGINEER's preliminary
<br />determinations on such matters before rendering a
<br />written decision thereon (by recommendation of an
<br />Application for Payment or otherwise). ENGINEER's
<br />written decision thereon will be final and binding
<br />(except as modified by ENGINEER to reflect changed
<br />factual conditions or more accurate data) upon
<br />OWNER and CONTRACTOR, subject to the
<br />provisions of paragraph 10.05.
<br />9.09 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
<br />the acceptability of the Work thereunder. Claims,
<br />disputes and other matters relating to the acceptability
<br />of the Work, the quantities and classifications of Unit
<br />Price Work, the interpretation of the requirements of
<br />the Contract Documents pertaining to the
<br />performance of the Work, and Claims seeking
<br />changes in the Contract Price or Contract Times will
<br />be referred initially to ENGINEER in writing, in
<br />accordance with the provisions of paragraph 10.05,
<br />with a request for a formal decision.
<br />B. When functioning as interpreter and judge
<br />under this paragraph 9.09, ENGINEER will not show
<br />partiality Jo OWNER or CONTRACTOR and will not
<br />be liable in connection with any interpretation or
<br />decision rendered in good faith in such capacity. The
<br />rendering of a decision by ENGINEER pursuant to this
<br />paragraph 9.09 with respect to any such Claim,
<br />dispute, or other matter (except any which have been
<br />waived by the making or acceptance of final payment
<br />as provided in paragraph 14.07) will be a condition
<br />precedent to any exercise by
<br />CONTRACTOR of such rights or remedi
<br />may otherwise have under the Contract D
<br />by Laws or Regulations in respect of any
<br />dispute, or other matter.
<br />•
<br />WNER or
<br />-s as either
<br />•cuments or
<br />such Claim,
<br />9.10 Limitations on ENGINEER's Aut ority and
<br />Responsibilities
<br />A. Neither ENGINEER's authority
<br />sibility under this Article 9 or under any o
<br />of the Contract Documents nor any decis
<br />ENGINEER in good faith either to exe
<br />exercise such authority or responsib
<br />undertaking, exercise, or performance of
<br />or responsibility by ENGINEER shall cre
<br />or give rise to any duty in contract, tort,
<br />owed by ENGINEER to CONTRACTOR,
<br />tractor, any Supplier, any other individual
<br />to any surety for or employee or agent of a
<br />B. ENGINEER will not supervise, di
<br />or have authority over or be res
<br />CONTRACTOR's means, methods, tec
<br />quences, or procedures of construction,
<br />precautions and programs incident theret
<br />failure of CONTRACTOR to comply wi
<br />Regulations applicable to the perform
<br />Work. ENGINEER will not be res
<br />CONTRACTOR's failure to perform t
<br />accordance with the Contract Documents.
<br />or respon-
<br />er provision
<br />on made by
<br />cise or not
<br />lity or the
<br />ny authority
<br />te, impose,
<br />r otherwise
<br />ny Subcon-
<br />or entity, or
<br />y of them.
<br />ect, control,
<br />•nsible for
<br />niques, se-
<br />r the safety
<br />or for any
<br />Laws and
<br />nce of the
<br />onsible for
<br />e Work in
<br />ID
<br />111
<br />C. ENGINEER will not be respon
<br />acts or omissions of CONTRACTOR
<br />Subcontractor, any Supplier, or of any oth
<br />or entity performing any of the Work.
<br />D. ENGINEER's review of the final
<br />for Payment and accompanying documen
<br />maintenance and operating instructions,
<br />guarantees, Bonds, certificates of insp:
<br />and approvals, and other documentation
<br />be delivered by paragraph 14.07.A will
<br />determine generally that their content c•
<br />the requirements of, and in the case of c
<br />inspections, tests, and approvals that
<br />certified indicate compliance with, th
<br />Documents.
<br />E. The limitations upon authority and
<br />ity set forth in this paragraph 9.10 shall
<br />ENGINEER's Consultants, Resident Pr•
<br />sentative, and assistants.
<br />ible for the
<br />or of any
<br />-r individual
<br />Application
<br />tion and all
<br />schedules,
<br />tion, tests
<br />required to
<br />only be to
<br />mplies with
<br />rtificates of
<br />the results
<br />Contract
<br />responsibil-
<br />Iso apply to
<br />ect Repre-
<br />00700 - General Conditio s REV 5-10-13.doc
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