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A. ENGINEER will make visits to the Site at intervals the Contract Documents. These may be accomplished by a
<br /> appropriate to the various stages of construction as ENGINEER Field Order and will be binding on OWNER and also on CON-
<br /> deems necessary in order to observe as an experienced and TRACTOR, who shall perform the Work involved promptly. If
<br /> qualified design professional the progress that has been made OWNER and CONTRACTOR are unable to agree on
<br /> and the quality of the various aspects of CONTRACTOR's entitlement to or on the amount or extent, if any, of any
<br /> executed Work. Based on information obtained during such adjustment in the Contract Price or Contract Times, or both, as
<br /> visits and observations, ENGINEER, for the benefit of OWNER, a result of a Field Order, a Claim may be made therefore as
<br /> will determine, in general, if the Work is proceeding in provided in paragraph 10.05.
<br /> accordance with the Contract Documents. ENGINEER will not
<br /> be required to make exhaustive or continuous inspections on 9.06 Rejecting Defective Work
<br /> the Site to check the quality or quantity of the Work.
<br /> ENGINEER's efforts will be directed toward providing for A. ENGINEER will have authority to disapprove or reject
<br /> OWNER a greater degree of confidence that the completed Work which ENGINEER believes to be defective, or that
<br /> Work will conform generally to the Contract Documents. On the ENGINEER believes will not produce a completed Project that
<br /> basis of such visits and observations, ENGINEER will keep conforms to the Contract Documents or that will prejudice the
<br /> OWNER informed of the progress of the Work and will endeav- integrity of the design concept of the completed Project as a
<br /> or to guard OWNER against defective Work. functioning whole as indicated by the Contract Documents.
<br /> ENGINEER will also have authority to require special inspection
<br /> B. ENGINEER's visits and observations are subject to all or testing of the Work as provided in paragraph 13.04, whether
<br /> the limitations on ENGINEER's authority and responsibility set or not the Work is fabricated, installed , or completed.
<br /> forth in paragraph 9. 10, and particularly, but without limitation,
<br /> during or as a result of ENGINEER's visits or observations of 9.07 Shop Drawings, Change Orders and Payments
<br /> CONTRACTOR's Work ENGINEER will not supervise, direct,
<br /> control, or have authority over or be responsible for A. In connection with ENGINEER's authority as to Shop
<br /> CONTRACTOR's means, methods, techniques, sequences, or - Drawings and Samples, see paragraph 6 . 17 .
<br /> procedures of construction , or the safety precautions and
<br /> programs incident thereto, or for any failure of CONTRACTOR B. In connection with ENGINEER's authority as to
<br /> to comply with Laws and Regulations applicable to the Change Orders, see Articles 10, 11 , and 12.
<br /> performance of the Work.
<br /> C . In connection with ENGINEER's authority as to
<br /> 9.03 Project Representative Applications for Payment, see Article 14.
<br /> A. If OWNER and ENGINEER agree, ENGINEER will 9.08 Determinations for Unit Price Work
<br /> furnish a Resident Project Representative to assist ENGINEER
<br /> in providing more extensive observation of the Work. The A. ENGINEER will determine the actual quantities and
<br /> responsibilities and authority and limitations thereon of any such classifications of Unit Price Work performed by CONTRACTOR.
<br /> Resident Project Representative and assistants will be as ENGINEER will review with CONTRACTOR the ENGINEER's
<br /> provided in paragraph 9. 10 and in the Supplementary preliminary determinations on such matters before rendering a
<br /> Conditions. If OWNER designates another representative or written decision thereon (by recommendation of an Application
<br /> agent to represent OWNER at the Site who is not ENGINEER's for Payment or otherwise). ENGINEER's written decision
<br /> Consultant, agent or employee, the responsibilities and thereon will be final and binding (except as modified by
<br /> authority and limitations thereon of such other individual or ENGINEER to reflect changed factual conditions or more
<br /> entity will be as provided in the Supplementary Conditions. accurate data) upon OWNER and CONTRACTOR, subject to
<br /> the provisions of paragraph 10.05.
<br /> 9.04 Clarifications and Interpretations
<br /> 9.09 Decisions on Requirements of Contract Documents
<br /> A. - ENGINEER will issue with reasonable promptness and Acceptability of Work
<br /> such written clarifications or interpretations of the requirements
<br /> of the Contract Documents as ENGINEER may determine A. ENGINEER will be the initial interpreter of the
<br /> necessary, which shall be consistent with the intent of and requirements of the Contract Documents and judge of the
<br /> reasonably inferable from the Contract Documents. Such acceptability of the Work thereunder. Claims, disputes and
<br /> written clarifications and interpretations will be binding on other matters relating to the acceptability of the Work, the
<br /> OWNER and CONTRACTOR. If OWNER and CONTRACTOR quantities and classifications of Unit Price Work, the
<br /> are unable to agree on entitlement to or on the amount or interpretation of the requirements of the Contract Documents
<br /> extent, if any, of any adjustment in the Contract Price or pertaining to the performance of the Work, and Claims seeking
<br /> Contract Times, or both, that should be allowed as a result of a changes in the Contract Price or Contract Times will be referred
<br /> written clarification or interpretation, a Claim may be made initially to ENGINEER in writing, in accordance with the
<br /> therefore as provided in paragraph 10.05. provisions of paragraph 10.05, with a request for a formal
<br /> decision.
<br /> 9.05 Authorized Variations in Work
<br /> B. When functioning as interpreter and judge under this
<br /> A. ENGINEER may authorize minor variations in the paragraph 9.09, ENGINEER will not show partiality to OWNER
<br /> Work from the requirements of the Contract Documents which or CONTRACTOR and will not be liable in connection with any
<br /> do not involve an adjustment in the Contract Price or the interpretation or decision rendered in good faith in such
<br /> Contract Times and are compatible with the design concept of capacity. The rendering of a decision by ENGINEER pursuant
<br /> the completed Project as a functioning whole as indicated by to this paragraph 9.09 with respect to any such Claim, dispute,
<br /> 00700 General Conditions (EJCDC).doc
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