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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 />2. changes in the Contract Price or
<br />Contract Times which are agreed to by the
<br />parties, including any undisputed sum or
<br />amount of time for Work actually performed in
<br />accordance with a Work Change Directive; and
<br />3. changes in the Contract Price or
<br />Contract Times which embody the substance of
<br />any written decision rendered by ENGINEER
<br />pursuant to paragraph 10.05; provided that, in
<br />lieu of executing any such Change Order, an
<br />appeal may be taken from any such decision in
<br />accordance with the provisions of the Contract
<br />Documents and applicable Laws and Regula-
<br />tions, but during any such appeal,
<br />CONTRACTOR shall cant' on the Work and
<br />adhere to the progress schedule as provided in
<br />paragraph 6.18.A.
<br />10.04 Notification to Surety
<br />A. If notice of any change affecting the general
<br />scope of the Work or the provisions of the Contract
<br />Documents (including, but not limited to, Contract Price
<br />or Contract Times) is required by the provisions of any
<br />Bond to be given to a surety, the giving of any such
<br />notice will be CONTRACTOR's responsibility. The
<br />amount of each applicable Bond will be adjusted to
<br />reflect the effect of any such change.
<br />10.05 Claims and Disputes
<br />A. Notice: Written notice stating the general
<br />nature of each Claim, dispute, or other matter shall be
<br />delivered by the claimant to ENGINEER and the other
<br />party to the Contract promptly (but in no event later
<br />than 30 days) after the start of the event giving rise
<br />thereto. Notice of the amount or extent of the Claim,
<br />dispute, or other matter with supporting data shall be
<br />General Conditions - 00700 - 24
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