Laserfiche WebLink
judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating <br />to the acceptability of the Work or the interpretation of the requirements of the Contract <br />Documents pertaining to the performance and furnishing of the Work and claims under <br />Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be <br />referred initially to ENGINEER in writing with a request for a formal decision in accordance <br />with this paragraph which ENGINEER will render in writing within a reasonable time. <br />Written notice of each such claim, dispute and other matters will be delivered by a claimant <br />to ENGINEER and the other party to the Agreement promptly (but in no event later than <br />thirty (30) days) after the occurrence of the event giving rise thereto, and written supporting <br />data will be submitted to ENGINEER and the other party within sixty (60) days after such <br />occurrence unless ENGINEER allows an additional period of time to ascertain more accurate <br />' data in support of the claim. <br />9.12 When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will <br />not show partiality to OWNER or CONTRACTOR and will not be liable in connection with <br />any interpretation or decision rendered in good faith in such capacity. The rendering of a <br />decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, <br />dispute or other matter (except any which have been waived by the making or acceptance of <br />final payment as provided in paragraph 14.16) will be a condition precedent to any exercise <br />by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have <br />under the Contract Documents or by Laws or Regulations in respect of any such claim, <br />dispute or other matter. <br />Limitations on ENGINEER's Responsibilities: <br />i_. <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 ordered", "as directed", "as required", "as <br />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 of 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 a <br />specific statement indicating otherwise). The use of any such term or adjective shall not be <br />effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing <br />or performance of the Work or any duty or authority to undertake responsibility contrary to <br />' the provisions of paragraph 9.15 or 9.16. <br />I <br />L 9.15 ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, <br />sequences or procedures of construction, or the safety precautions and programs incident <br />thereto, and ENGINEER will not be responsible for CONTRACTOR's failure to perform or <br />furnish the Work in accordance with the Contract Documents. <br />GENERAL CONDITIONS <br />GC24 <br />