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a Claim may be made therefor as provided in accordance with the provisions of paragraph 10.05,
<br /> paragraph 10.05. with a request for a formal decision.
<br /> 9.06 Rejecting Defective Work B. When functioning as interpreter and judge
<br /> under this paragraph 9.09, ENGINEER will not show
<br /> A. ENGINEER will have authority to disapprove partiality to OWNER or CONTRACTOR and will not
<br /> or reject Work which ENGINEER believes to be be liable in connection with any interpretation or
<br /> defective, or that ENGINEER believes will not produce decision rendered in good faith in such capacity. The
<br /> a completed Project that conforms to the Contract rendering of a decision by ENGINEER pursuant to this
<br /> Documents or that will prejudice the integrity of the paragraph 9.09 with respect to any such Claim,
<br /> design concept of the completed Project as a dispute, or other matter (except any which have been
<br /> functioning whole as indicated by the Contract waived by the making or acceptance of final payment
<br /> Documents. ENGINEER will also have authority to as provided in paragraph 14.07) will be a condition
<br /> require special inspection or testing of the Work as precedent to any exercise by OWNER or
<br /> provided in paragraph 13.04, whether or not the Work CONTRACTOR of such rights or remedies as either
<br /> is fabricated, installed, or completed. may otherwise have under the Contract Documents or
<br /> by Laws or Regulations in respect of any such Claim,
<br /> 9.07 Shop Drawings, Change Orders and dispute, or other matter.
<br /> Payments
<br /> 9.10 Limitations on ENGINEER's Authority and
<br /> A. In connection with ENGINEER"s authority as Responsibilities
<br /> to Shop Drawings and Samples, see paragraph 6.17.
<br /> A. Neither ENGINEER's authority or respon-
<br /> B. In connection with ENGINEER's authority as sibility under this Article 9 or under any other provision
<br /> to Change Orders, see Articles 10, 11, and 12. of the Contract Documents nor any decision made by
<br /> ENGINEER in good faith either to exercise or not
<br /> C. In connection with ENGINEER's authority as exercise such authority or responsibility or the
<br /> to Applications for Payment, see Article 14. undertaking, exercise, or performance of any authority
<br /> or responsibility by ENGINEER shall create, impose,
<br /> 9.08 Determinations for Unit Price Work or give rise to any duty in contract, tort, or otherwise
<br /> owed by ENGINEER to CONTRACTOR, any Subcon-
<br /> A. ENGINEER will determine the actual quanti- tractor, any Supplier, any other individual or entity, or
<br /> ties and classifications of Unit Price Work performed to any surety for or employee or agent of any of them.
<br /> by CONTRACTOR. ENGINEER will review with
<br /> CONTRACTOR the ENGINEER's preliminary B. ENGINEER will not supervise, direct, control,
<br /> determinations on such matters before rendering a or have authority over or be responsible for
<br /> written decision thereon (by recommendation of an CONTRACTOR's means, methods, techniques, se-
<br /> Application for Payment or otherwise). ENGINEER's quences, or procedures of construction, or the safety
<br /> written decision thereon will be final and binding precautions and programs incident thereto, or for any
<br /> (except as modified by ENGINEER to reflect changed failure of CONTRACTOR to comply with Laws and
<br /> factual conditions or more accurate data) upon Regulations applicable to the performance of the
<br /> OWNER and CONTRACTOR, subject to the Work. ENGINEER will not be responsible for
<br /> provisions of paragraph 10.05. CONTRACTOR's failure to perform the Work in
<br /> accordance with the Contract Documents.
<br /> 9.09 Decisions on Requirements of Contract
<br /> Documents and Acceptability of Work C. ENGINEER will not be responsible for the
<br /> acts or omissions of CONTRACTOR or of any
<br /> A. ENGINEER will be the initial interpreter of the Subcontractor, any Supplier, or of any other individual
<br /> requirements of the Contract Documents and judge of or entity performing any of the Work.
<br /> the acceptability of the Work thereunder. Claims,
<br /> disputes and other matters relating to the acceptability D. ENGINEER's review of the final Application
<br /> of the Work, the quantities and classifications of Unit for Payment and accompanying documentation and all
<br /> Price Work, the interpretation of the requirements of maintenance and operating instructions, schedules,
<br /> the Contract Documents pertaining to the guarantees, Bonds, certificates of inspection, tests
<br /> performance of the Work, and Claims seeking and approvals, and other documentation required to
<br /> changes in the Contract Price or Contract Times will be delivered by paragraph 14.07.A will only be to
<br /> be referred initially to ENGINEER in writing, in determine generally that their content complies with
<br /> the requirements of, and in the case of certificates of
<br /> 00700-General Conditions REV 04-07.doc
<br /> 00700-29
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