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a Claim may be made therefor as provided
<br />paragraph 10.05.
<br />9.06 Rejecting Defective Work
<br />in accordance with the provisions of paragraph 10.05,
<br />with a request for a formal decision.
<br />A. ENGINEER will have authority to disapprove
<br />or reject Work which ENGINEER believes to be
<br />defective, or that ENGINEER believes will not produce
<br />a completed Project that conforms to the Contract
<br />Documents or that will prejudice the integrity of the
<br />design concept of the completed Project as a
<br />functioning whole as indicated by the Contract
<br />Documents. ENGINEER will also have authority to
<br />require special inspection or testing of the Work as
<br />provided in paragraph 13.04, whether or not the Work
<br />is fabricated, installed, or completed.
<br />9.07 Shop Drawings, Change Orders and
<br />Payments
<br />A. In connection with ENGINEER's authority as
<br />to Shop Drawings and Samples, see paragraph 6.17.
<br />B. In connection with ENGINEER's authority as
<br />to Change Orders, see Articles 10, 11, and 12.
<br />C. In connection with ENGINEER's authority as
<br />to Applications for Payment, see Article 14.
<br />9.08 Determinations for Unit Price Work
<br />A. ENGINEER will determine the actual quanti-
<br />ties and classifications of Unit Price Work performed
<br />by CONTRACTOR. ENGINEER will review with
<br />CONTRACTOR the ENGINEER's preliminary
<br />determinations on such matters before rendering a
<br />written decision thereon (by recommendation of an
<br />Application for Payment or otherwise). ENGINEER's
<br />written decision thereon will be final and binding
<br />(except as modified by ENGINEER to reflect changed
<br />factual conditions or more accurate data) upon
<br />OWNER and CONTRACTOR, subject to the
<br />provisions of paragraph 10.05.
<br />9.09 Decisions on Requirements of Contract
<br />Documents and Acceptability of Work
<br />A. ENGINEER will be the initial interpreter of the
<br />requirements of the Contract Documents and judge of
<br />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
<br />performance of the Work, and Claims seeking
<br />changes in the Contract Price or Contract Times will
<br />be referred initially to ENGINEER in writing, in
<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
<br />be liable in connection with any interpretation or
<br />decision rendered in good faith in such capacity. The
<br />rendering of a decision by ENGINEER pursuant to this
<br />paragraph 9.09 with respect to any such Claim,
<br />dispute, or other matter (except any which have been
<br />waived by the making or acceptance of final payment
<br />as provided in paragraph 14.07) will be a condition
<br />precedent to any exercise by OWNER or
<br />CONTRACTOR of such rights or remedies as either
<br />may otherwise have under the Contract Documents or
<br />by Laws or Regulations in respect of any such Claim,
<br />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
<br />exercise such authority or responsibility or the
<br />undertaking, exercise, or performance of any authority
<br />or responsibility by ENGINEER shall create, impose,
<br />or give rise to any duty in contract, tort, or otherwise
<br />owed by ENGINEER to CONTRACTOR, any Subcon-
<br />tractor, any Supplier, any other individual or entity, or
<br />to any 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
<br />Work. ENGINEER will not be responsible for
<br />CONTRACTOR's failure to perform the Work in
<br />accordance with the Contract Documents.
<br />C. ENGINEER will not be responsible for the
<br />acts or omissions of CONTRACTOR or of any
<br />Subcontractor, any Supplier, or of any other individual
<br />or entity performing any of the Work.
<br />D. ENGINEER's review of the final Application
<br />for Payment and accompanying documentation and all
<br />maintenance and operating instructions, schedules,
<br />guarantees, Bonds, certificates of inspection, tests
<br />and approvals, and other documentation required to
<br />be 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 />00700 - General Conditions REV 5-10-13
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