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1999-009
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Last modified
7/6/2023 12:45:19 PM
Creation date
7/6/2023 12:38:14 PM
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Template:
Official Documents
Official Document Type
Contract
Approved Date
01/05/1999
Control Number
1999-009
Subject
Contract Documents & Specifications for Wabasso Causeway Park
Beautification Project. Arozoza Brothers
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f <br />40 <br />s <br />performed by CONTRACTOR, ENGINEER will review with CONTRACTOR ENGINEER's <br />preliminary determinations on such matters before rendering a written deci,,ion thereon (by <br />recommendation of an Application for Payment or otherwise). ENG71NEER's written <br />decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, <br />within ten (10) days after the date of any such decision, either OWNER or CONTRACTOR <br />delivers to the other party to the Agreement and to ENGINEER written notice of intention <br />to appeal from such a decision. <br />Decisions on Disputes* <br />9,11 ENGINEER will be the initial interpreter of the requirements of the Contract Documents <br />and judge of the acceptability of the Work thereunder. Claims, disputes and other matters <br />relating to the acceptability of the Work or the interpretation of the requirements of the <br />Contract Documents pertaining to the performance and furnishing of the Work and claims <br />under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will <br />be referred initially to ENGINEER in writing with a request for a formal decision in <br />accordance with this paragraph which ENGINEER will render in writing within a reasonable <br />time. Written notice of each such claim, dispute and other matters will be delivered by a <br />claimant to ENGINEER and the other party to the Agreement promptly (but in no event <br />later than thirty (ata) days) after the occurrence of the event giving rise thereto, and written <br />supporting data will be submitted to ENGINEER and the other party within sixty (60) days <br />after such occurrence unless ENGINEER allows an additional period of time to ascertain <br />more accurate data in support of the claim. <br />9.12 When functioning as interpreter and judge under paragraphs 910 and 911, ENGINEER <br />will not show partiality to OWNER or CONTRACTOR and will not be liable in connection <br />with any interpretation or decision rendered in good faith in such capacity. The rendering <br />of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any <br />such claim, dispute or other matter (except any which have been waived by the making or <br />acceptance of final payment as provided in paragraph 14.16) will be a condition precedent <br />to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may <br />otherwise have under the Contract Documents or by Laws or Regulations in respect of any <br />such claim, dispute or other matter. <br />Limitations on ENGINEER's Responsibilities: <br />9.13 Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract <br />Documents nor any decision made by ENGINEER in good faith either to exercise or not <br />exercise such authority shall give rise to any duty or responsibility of ENGINEER to <br />CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization <br />performing any of the Work, or to any surety for any of them. <br />9.14 Whenever in the Contract Documents the terms "as or dei ed", "as directed", "as i eyuir'ed", <br />..as allowed", "as approved" or terms of like effect or import are used or the adjectives <br />"reasonable", "suitable"' "acceptable" "proper" or "satisfactory" or adjectives of like effect <br />or import are used to describe a requirement, direction, review or judgment or ENGINEER <br />as to the Work, it is intended that such requirement, direction, review or judgment will be <br />solely to evaluate the Work for compliance with the Contract Documents (unless there is <br />a specific statement indicating otherwise). The use of any such term or adjective Ehall not <br />btu effective to assign to ENGINEER any duty or authority to supervise or direct the <br />furnishing or performance of the Work or any duty or authority to undertake responsibility <br />contran/ to the provisions of paragraph 9.15 or 9.16. <br />GENERAL CONDITIONS <br />
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