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or the results of subsequent inspections or tests , revise 2. ENGINEER's recommendation of any payment or revoke any such payment recommendation requested in an Application for Payment will constitute a previously made, to such extent as may be necessary in representation by ENGINEER to OWNER, based on ENGINEER's opinion to protect OWNER from loss ENGINEER's observations on the Site of the executed because: Work as an experienced and qualified design professional and on ENGINEER's review of the Appli- a. the Work is defective, or completed Work cation for Payment and the accompanying data and has been damaged , requiring correction or replace- schedules, that to the best of ENGINEER's knowledge, ment; information and belief: b. the Contract Price has been reduced by a . the Work has progressed to the point Written Amendment or Change Orders; indicated; c. OWNER has been required to correct b. the quality of the Work is generally in accor- defective Work or complete Work in accordance dance with the Contract Documents (subject to an with paragraph 13. 09; or evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of d. ENGINEER has actual knowledge of the any subsequent tests called for in the Contract occurrence of any of the events enumerated in Documents, to a final determination of quantities paragraph 15.02.A. and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications C. Payment Becomes Due stated in the recommendation ); and 1 . Ten days after presentation of the Application for c. the conditions precedent to Payment to OWNER with ENGINEER's recommenda- CONTRACTOR's being entitled to such payment tion, the amount recommended will (subject to the appear to have been fulfilled in so far as it is provisions of paragraph 14.02. D) become due, and ENGINEER's responsibility to observe the Work, when due will be paid by OWNER to CONTRACTOR. 3. By recommending any such payment ENGI- D. Reduction in Payment NEER will not thereby be deemed to have represented that: (i ) inspections made to check the quality or the 1 . OWNER may refuse to make payment of the full quantity of the Work as it has been performed have amount recommended by ENGINEER because: been exhaustive, extended to every aspect of the Work in progress , or involved detailed inspections of the Work a. claims have been made against OWNER on beyond the responsibilities specifically assigned to account of CONTRACTOR's performance or fur- ENGINEER in the Contract Documents; or (ii ) that there nishing of the Work; may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally b. Liens have been filed in connection with the by OWNER or entitle OWNER to withhold payment to Work, except where CONTRACTOR has delivered CONTRACTOR. a specific Bond satisfactory to OWNER to secure 4. Neither ENGINEER'S review of the satisfaction and discharge of such Liens ; CONTRACTOR's Work for the purposes of recom- c, there are other items entitling OWNER to a mending payments nor ENGINEER's recommendation set-off against the amount recommended ; or of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or d. OWNER has actual knowledge of the occur- control the Work or for the means, methods , rence of any of the events enumerated in para- techniques , sequences , or procedures of construction, graphs 14.02. B .5.a through 14 . 02. B. 5. c or para- or the safety precautions and programs incident thereto, graph 15.02.A. or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's 2. If OWNER refuses to make payment of the full performance of the Work. Additionally, said review or amount recommended by ENGINEER, OWNER must recommendation will not impose responsibility on ENGI- give CONTRACTOR immediate written notice (with a NEER to make any examination to ascertain how or for copy to ENGINEER) stating the reasons for such action what purposes CONTRACTOR has used the moneys and promptly pay CONTRACTOR any amount paid on account of the Contract Price, or to determine remaining after deduction of the amount so withheld. that title to any of the Work, materials , or equipment has OWNER shall promptly pay CONTRACTOR the amount passed to OWNER free and clear of any Liens. so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR 5. ENGINEER may refuse to recommend the whole corrects to OWNER's satisfaction the reasons for such or any part of any payment if, in ENGINEER's opinion, it action. would be incorrect to make the representations to OWNER referred to in paragraph 14 . 02 . 13 .2. ENGI- 3. If it is subsequently determined that OWNER's NEER may also refuse to recommend any such pay- refusal of payment was not justified , the amount ment or, because of subsequently discovered evidence 00700 - 31