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or other matter (except any which have been waived by the B. If OWNER and CONTRACTOR are unable to agree
<br /> making or acceptance of final payment as provided in on entitlement to, or on the amount or extent, if any, of an
<br /> paragraph 14.07) will be a condition precedent to any exercise adjustment in the Contract Price or Contract Times, or both, that
<br /> by OWNER or CONTRACTOR of such rights or remedies as should be allowed as a result of a Work Change Directive, a
<br /> either may otherwise have under the Contract Documents or by Claim may be made therefore as provided in paragraph 10.05.
<br /> Laws or Regulations in respect of any such Claim, dispute, or
<br /> other matter. 10.02 Unauthorized Changes in the Work
<br /> 9. 10 Limitations on ENGINEER 's Authority and Respon- A. CONTRACTOR shall not be entitled to an increase in
<br /> sibilities the Contract Price or an extension of the Contract Times with
<br /> respect to any work performed that is not required by the
<br /> A. Neither ENGINEER's authority or responsibility under Contract Documents as amended, modified, or supplemented
<br /> this Article 9 or under any other provision of the Contract as provided in paragraph 3.04, except in the case of an emer-
<br /> Documents nor any decision made by ENGINEER in good faith gency as provided in paragraph 6. 16 or in the case of
<br /> either to exercise or not exercise such authority or responsibility uncovering Work as provided in paragraph 13.04 .8.
<br /> or the undertaking, exercise, or performance of any authority or
<br /> responsibility by ENGINEER shall create, impose, or give rise to 10.03 Execution of Change Orders
<br /> any duty in contract, tort, or otherwise owed by ENGINEER to
<br /> CONTRACTOR, any Subcontractor, any Supplier, any other A. OWNER and CONTRACTOR shall execute appropri-
<br /> individual or entity, or to any surety for or employee or agent of ate Change Orders recommended by ENGINEER (or Written
<br /> any of them. Amendments) covering :
<br /> B . ENGINEER will not supervise, direct, control , or have 1 . changes in the Work which are: (i) ordered by
<br /> authority over or be responsible for CONTRACTOR's means , OWNER pursuant to paragraph 10.01 .A, (ii) required
<br /> methods, techniques, sequences, or procedures of because of acceptance of defective Work under para-
<br /> construction, or the safety precautions and programs incident graph 13.08.A or OWNER's correction of defective
<br /> thereto, or for any failure of CONTRACTOR to comply with Work under paragraph 13.09, or (iii) agreed to by the
<br /> Laws and Regulations applicable to the performance of the parties;
<br /> Work. ENGINEER will not be responsible for CONTRACTOR's
<br /> failure to perform the Work in accordance with the Contract 2.changes in the Contract Price or Contract Times
<br /> Documents. which are agreed to by the parties, including any
<br /> undisputed sum or amount of time for Work actually
<br /> C. ENGINEER will not be responsible for the acts or performed in accordance with a Work Change Directive;
<br /> omissions of CONTRACTOR or of any Subcontractor, any and
<br /> Supplier, or of any other individual or entity performing any of
<br /> the Work. 3. changes in the Contract Price or Contract Times
<br /> which embody the substance of any written decision
<br /> D. ENGINEER's review of the final Application for rendered by ENGINEER pursuant to paragraph 10.05;
<br /> Payment and accompanying documentation and all mainte- provided that, in lieu of executing any such Change
<br /> nance and operating instructions, schedules, guarantees, Order, an appeal may be taken from any such decision
<br /> Bonds, certificates of inspection, tests and approvals, and other in accordance with the provisions of the Contract
<br /> documentation required to be delivered by paragraph 14.07., Documents and applicable Laws and Regulations, but
<br /> will only be to determine generally that their content complies during any such appeal, CONTRACTOR shall carry on
<br /> with the requirements of, and in the case of certificates of in- the Work and adhere to the progress schedule as
<br /> spections, tests, and approvals that the results certified indicate provided in paragraph 6.18.A.
<br /> compliance with, the Contract Documents.
<br /> 10.04 Notification to Surety
<br /> E. The limitations upon authority and responsibility set
<br /> forth in this paragraph 9.10 shall also apply to ENGINEER's A. If notice of any change affecting the general scope of
<br /> Consultants, Resident Project Representative, and assistants. the Work or the provisions of the Contract Documents
<br /> (including, but not limited to, Contract Price or Contract Times)
<br /> ARTICLE 10 - CHANGES IN THE WORK; CLAIMS is required by the provisions of any Bond to be given to a surety,
<br /> the giving of any such notice will be CONTRACTOR's
<br /> responsibility. The amount of each applicable Bond will be
<br /> 10.01 Authorized Changes in the Work adjusted to reflect the effect of any such change.
<br /> A. Without invalidating the Agreement and without notice 10.05 Claims and Disputes
<br /> to any surety, OWNER may, at any time or from time to time,
<br /> order additions, deletions, or revisions in the Work by a Written A. Notice: Written notice stating the general nature of
<br /> Amendment, a Change Order, or a Work Change Directive. each Claim, dispute, or other matter shall be delivered by the
<br /> Upon receipt of any such document, CONTRACTOR shall claimant to ENGINEER and the other party to the Contract
<br /> promptly proceed with the Work involved which will be promptly (but in no event later than 30 days) after the start of the
<br /> performed under the applicable conditions of the Contract event giving rise thereto. Notice of the amount or extent of the
<br /> Documents (except as otherwise specifically provided). Claim, dispute, or other matter with supporting data shall be
<br /> delivered to the ENGINEER and the other party to the Contract
<br /> within 60 days after the start of such event (unless ENGINEER
<br /> 00700 General Conditions (ESCDC).doc
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<br /> 3 V)7-02912 inch WM - Vero rake enates\DocumentsAeponst idding Contract SpmifcationsW0700 General Conditions (EICDC).doc
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