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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 performance
<br />of the Work, and Claims seeking changes in the
<br />Contract Price or Contract Times will be referred
<br />initially to ENGINEER in writing, in accordance with the
<br />provisions of paragraph 10.05, with a request for a
<br />formal decision.
<br />B. When functioning as interpreter and judge
<br />under this paragraph 9.09, ENGINEER will not show
<br />partiality to OWNER or CONTRACTOR and will not be
<br />liable in connection with any interpretation or decision
<br />rendered in good faith in such capacity. The rendering
<br />of decision by ENGINEER pursuant to this paragraph
<br />9.09 with respect to any such Claim, dispute, or other
<br />matter (except any which have been waived by the
<br />making or acceptance of final payment as provided in
<br />paragraph 14.07) will be a condition precedent to any
<br />exercise by OWNER or CONTRACTOR of such rights
<br />or remedies as either may otherwise have under the
<br />Contract Documents or by Laws or Regulations in
<br />respect of any such Claim, dispute, or other matter.
<br />9.10 Limitations on ENGINEER's Authority and
<br />Responsibilities
<br />A. Neither ENGINEER's authority or respon-
<br />sibility under this Article 9 or under any other provision
<br />of the Contract Documents nor any decision made by
<br />ENGINEER in good faith either to exercise or not exer-
<br />cise such authority or responsibility or the undertaking,
<br />exercise, or performance of any authority or respon-
<br />sibility by ENGINEER shall create, impose, or give rise
<br />to any duty in contract, tort, or otherwise owed by
<br />ENGINEER to CONTRACTOR, any Subcontractor,
<br />any Supplier, any other individual or entity, or to any
<br />surety for or employee or agent of any of them.
<br />B. ENGINEER will not supervise, direct, control,
<br />or have authority over or be responsible for
<br />CONTRACTOR's means, methods, techniques, se-
<br />quences, or procedures of construction, or the safety
<br />precautions and programs incident thereto, or for any
<br />failure of CONTRACTOR to comply with Laws and
<br />Regulations applicable to the performance of the Work.
<br />ENGINEER will not be responsible for
<br />CONTRACTOR's failure to perform the Work in accor-
<br />dance with the Contract Documents.
<br />C. ENGINEER will not be responsible for the acts
<br />or omissions of CONTRACTOR or of any Subcontrac-
<br />tor, any Supplier, or of any other individual or entity
<br />performing any of the Work.
<br />D. ENGINEER's review of the final Application for
<br />Payment and accompanying documentation and all
<br />maintenance and operating instructions, schedules,
<br />guarantees, Bonds, certificates of inspection, tests and
<br />approvals, and other documentation required to be
<br />delivered by paragraph 14.07.A will only be to
<br />determine generally that their content complies with
<br />the requirements of, and in the case of certificates of
<br />inspections, tests, and approvals that the results
<br />certified indicate compliance with, the Contract
<br />Documents.
<br />E. The limitations upon authority and responsibil-
<br />ity set forth in this paragraph 9.10 shall also apply to
<br />ENGINEER's Consultants, Resident Project Repre-
<br />sentative, and assistants.
<br />ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
<br />10.01 Authorized Changes in the Work
<br />A. Without invalidating the Agreement and
<br />without notice to any surety, OWNER may, at any time
<br />or from time to time, order additions, deletions, or
<br />revisions in the Work by a Written Amendment, a
<br />Change Order, or a Work Change Directive. Upon
<br />receipt of any such document, CONTRACTOR shall
<br />promptly proceed with the Work involved which will be
<br />performed under the applicable conditions of the
<br />Contract Documents (except as otherwise specifically
<br />provided).
<br />B. If OWNER and CONTRACTOR are unable to
<br />agree on entitlement to, or on the amount or extent, if
<br />any, of an adjustment in the Contract Price or Contract
<br />Times, or both, that should be allowed as a result of a
<br />Work Change Directive, a Claim may be made therefor
<br />as provided in paragraph 10.05.
<br />10.02 Unauthorized Changes in the Work
<br />A. CONTRACTOR shall not be entitled to an
<br />increase in the Contract Price or an extension of the
<br />Contract Times with respect to any work performed
<br />that is not required by the Contract Documents as
<br />amended, modified, or supplemented as provided in
<br />paragraph 3.04, except in the case of an emergency
<br />as provided in paragraph 6.16 or in the case of
<br />uncovering Work as provided in paragraph 13.04.B.
<br />10.03 Execution of Change Orders
<br />A. OWNER and CONTRACTOR shall execute
<br />appropriate Change Orders recommended by ENGI-
<br />NEER (or Written Amendments) covering:
<br />1. changes in the Work which are: (i)
<br />ordered by OWNER pursuant to paragraph
<br />10.01.A, (ii) required because of acceptance of
<br />defective Work under paragraph 13.08.A or
<br />OWNER's correction of defective Work under
<br />paragraph 13.09, or (iii) agreed to by the parties;
<br />General Conditions - 00700 - 24
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