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b . the quality of the Work is generally in in ENGINEER's opinion , it would be incorrect to accordance with the Contract Documents make the representations to OWNER referred (subject to an evaluation of the Work as a to in paragraph 14 .02 . B .2 . ENGINEER may prior to or upon functioning whole also refuse to recommend any such payment Substantial Completion , to the results of any or, because of subsequently discovered ' evidence or the results of subsequent subsequent tests called for in the Contract Documents ; to a final determination of inspections or tests , revise or revoke any such classifications for Unit Price payment recommendation previously made , to quantities and such extent as may be necessary in Work under paragraph 9 .08, and to any ' ENGINEER's opinion to protect OWNER from other qualifications stated in the loss because : recommendation) ; and ' c. the conditions precedent to a . the Work is defective , or completed quiring Work has been damaged , re CONTRACTOR's being entitled to such correction or replacement; payment appear to have been fulfilled in so I far as it is ENGINEER's responsibility to b . the Contract Price has been reduced observe the Work. by Written Amendment or Change Orders; ' 3 . By recommending any such c. OWNER has been required to correct payment ENGINEER will not thereby be defective Work or complete Work in accor- deemed to have represented that: (i) inspec- dance with paragraph 13 . 09 ; or tions made to check the quality or the quantity ' of the Work as it has been performed have d , ENGINEER has actual knowledge of been exhaustive , extended to every aspect of the occurrence of any of the events enumer- the Work in progress , or involved detailed ated in paragraph 15 . 02 .A. inspections of the Work beyond the responsi- bilities specifically assigned to ENGINEER in the Contract Documents ; or (ii) that there may C . Payment Becomes Due not be other matters or issues between the 1 Ten days after presentation of the ' parties that might entitle CONTRACTOR to be Application for Payment to OWNER with paid additionally by OWNER or entitle OWNER ENGINEER's recommendation , the amount to withhold payment to CONTRACTOR , recommended will (subject to the provisions of 4 . Neither ENGINEER's review of paragraph 14 .02 . D ) become due , and when ' CONTRACTOR's Work for the purposes of due will be paid by OWNER to CONTRACTOR, recommending payments nor ENGINEER 9s recommendation of any payment, including final D . Reduction in Payment ' payment, will impose responsibility on 1 , OWNER may refuse to make ENGINEER to supervise , direct, or control the payment of the full amount recommended by Work or for the means , methods , techniques , ' ENGINEER because : sequences , or procedures of construction , or the safety precautions and programs incident a , claims have been made against thereto , or for CONTRACTOR's failure to OWNER on account of CONTRACTOR's comply with Laws and Regulations applicable to' erformance or furnishing of the Work;CONTRACTOR's performance of the Work. P Additionally, said review or recommendation will b . Liens have been filed in connection not impose responsibility on ENGINEER to with the Work, except where ' make any examination to ascertain how or for CONTRACTOR has delivered a specific what purposes CONTRACTOR has used the Bond satisfactory to OWNER to secure the moneys paid on account of the Contract Price , satisfaction and discharge of such Liens ; or to determine that title to any of the Work , ' materials , or equipment has passed to c, there are other items entitling OWN - OWNER free and clear of any Liens . ER to a set-off against the amount ' S . ENGINEER may refuse to recom- recommended ; or mend the whole or any part of any payment if, 00700-41 ' 0386- 00700 - General Conditions F :\Engineering\Capital Projects\0386-Pelican Island Upland Restoration\0386-Pelican Island -Contract Docs\0386- 00700 - General Conditions .doc