|
tation, a Claim may be made therefor as provided in upon OWNER and CONTRACTOR, subject to the
<br /> paragraph 10.05. provisions of paragraph 10.05 .
<br /> 9.05 Authorized Variations in Work 9.09 Decisions on Requirements of Contract
<br /> Documents and Acceptability of Work
<br /> A. ENGINEER may authorize minor variations in the
<br /> Work from the requirements of the Contract Documents A. ENGINEER will be thc initial interpreter of the
<br /> which do not involve an adjustment in the Contract Price or requirements of the Contract Documents and judge of the
<br /> the Contract Times and are compatible with the design acceptability of the Work thereunder. Claims, disputes and
<br /> concept of the completed Project as a functioning whole as other matters relating to the acceptability of the Work, the
<br /> indicated by the Contract Documents. These may be quantities and classifications of Unit Price Work, the
<br /> accomplished by a Field Order and will be binding on interpretation of the requirements of the Contract
<br /> OWNER and also on CONTRACTOR, who shall perform Documents pertaining to the performance of the Work, and
<br /> the Work involved promptly. If OWNER and CONTRAC- Claims seeking changes in the Contract Price or Contract
<br /> TOR are unable to agree on entitlement to or on the amount Times will be referred initially to ENGINEER in writing, in
<br /> or extent, if any, of any adjustment in the Contract Price or accordance with the provisions of paragraph 10.05, with a
<br /> Contract Times, or both, as a result of a Field Order, a request for a formal decision.
<br /> Claim may be made therefor as provided in paragraph
<br /> 10.05. Paragraph 9.09.B has been deleted in its entirety.
<br /> 9.06 Rejecting Defective Work 9 . 10 Limitations on ENGINEER 's Authority and
<br /> Responsibilities
<br /> A. ENGINEER will have authority to disapprove or
<br /> reject Work which ENGINEER believes to be defective, or A. Neither ENGINEER's authority or responsibility
<br /> that ENGINEER believes will not produce a completed under this Article 9 or under any other provision of the
<br /> Project that conforms to the Contract Documents or that Contract Documents nor any decision made by ENGINEER
<br /> will prejudice the integrity of the design concept of the in good faith either to exercise or not exercise such
<br /> completed Project as a functioning whole as indicated by authority or responsibility or the undertaking, exercise, or
<br /> the Contract Documents. ENGINEER will also have performance of any authority or responsibility by
<br /> authority to require special inspection or testing of the Work ENGINEER shall create, impose, or give rise to any duty in
<br /> as provided in paragraph 13.04, whether or not the Work is contract, tort, or otherwise owed by ENGINEER to
<br /> fabricated, installed, or completed. CONTRACTOR, any Subcontractor, any Supplier, any
<br /> other individual or entity, or to any surety for or employee
<br /> 9.07 Shop Drawings, Change Orders and Payments or agent of any of them
<br /> A. In connection with ENGINEER's authority as to B. ENGINEER will not supervise, direct, control, or
<br /> Shop Drawings and Samples, see paragraph 6. 17. have authority over or be responsible for CONTRACTOR's
<br /> means, methods, techniques, sequences, or procedures of
<br /> B. In connection with ENGINEER's authority as to construction, or the safety precautions and programs
<br /> Change Orders, see Articles 10, 11 , and 12. incident thereto, or for any failure of CONTRACTOR to
<br /> comply with Laws and Regulations applicable to the perfor-
<br /> C. In connection with ENGINEER's authority as to mance of the Work. ENGINEER will not be responsible
<br /> Applications for Payment, see Article 14. for CONTRACTOR's failure to perform the Work in accor-
<br /> dance with the Contract Documents.
<br /> 9.08 Determinations for Unit Price Work
<br /> C. ENGINEER will not be responsible for the acts or
<br /> A. ENGINEER will detemtine the actual quantities omissions of CONTRACTOR or of any Subcontractor, any
<br /> and classifications of Unit Price Work performed by Supplier, or of any other individual or entity performing
<br /> CONTRACTOR. ENGINEER will review with CON- any of the Work.
<br /> TRACTOR the ENGINEER's preliminary determinations
<br /> on such matters before rendering a written decision thereon D. ENGINEER's review of the final Application for
<br /> (by recommendation of an Application for Payment or Payment and accompanying documentation and all mainte-
<br /> otherwise). ENGINEER's written decision thereon will be nance and operating instructions, schedules, guarantees,
<br /> final and binding (except as modified by ENGINEER to Bonds, certificates of inspection, tests and approvals, and
<br /> reflect changed factual conditions or more accurate data) other documentation required to be delivered by paragraph
<br /> 00700 - 30
<br />
|