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is ENGINEER's responsibility to observe the c. OWNER has been required to correct Work. defective Work or complete Work in accordance with paragraph 13 .09 ; or 3 . By recommending any such payment ENGINEER will Dot thereby be deemed to have d. ENGINEER has actual knowledge of the represented that: (i) inspections made to check the occurrence of any of the events enumerated in quality or the quantity of the Work as it has been paragraph 15 .02 .A. performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed New paragraphs 14.02.B.5.e and f have been added. inspections of the Work beyond the responsibilities See the Supplementary Conditions. specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other C. Payment Becomes Due matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by 1 days a " presentation of OWNER or entitle OWNER to withhold payment to CONTRACTOR. "" " mended will'(subject pirovisions ofpaFagFaph 4. Neither ENGINEER's review of 1 " 02 ) become dueand 'Ahen &e ""ll be paid by CONTRACTOR's Work for the purposes of recom- D` "'1414•o CONTRA" TTOR mending payments nor ENGINEER's recommenda- tion of any payment, including final payment, will D. Reduction in Payment impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, meth- 1 . OWNER may refuse to make payment of ods, techniques, sequences, or procedures of the full amount recommended by ENGINEER construction, or the safety precautions and programs because: incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to a. claims have been made against OWNER CONTRACTOR's performance of the Work. on account of CONTRACTOR's performance or Additionally, said review or recommendation will furnishing of the Work; not impose responsibility on ENGINEER to make any examination to ascertain how or for what Part of Paragraph 14.02.D.1 .2 .b. has been deleted. purposes CONTRACTOR has used the moneys paid b. Liens have been filed in connection with on account of the Contract Price, or to determine the Work, .h=-e r-nwrrv_errnn hs that title to any of the Work, materials, or equipment delivered Y .a d satisfactory OWN has passed to OWNER free and clear of any Liens. P4 is seei-up, the gatisfaetion, and this"`" ge of such-I=ierts; 5 . ENGINEER may refuse to recornmend the whole or any part of any payment if, in c. there are other items entitling OWNER to ENGINEER's opinion, it would be incorrect to a set-off against the amount recommended; or make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse d. OWNER has actual knowledge of the to recommend any such payment or, because of occurrence of any of the events enumerated in subsequently discovered evidence or the results of paragraphs 14.02 .B. 5.a through 14.02.B .5 .c or subsequent inspections or tests, revise or revoke any paragraph 15 .02 .A. such payment recommendation previously made, to such extent as may be necessary in ENGINEER's New paragraphs 14.02.D.1 .e, f, and g have been added. opinion to protect OWNER from loss because: See the Supplementary Conditions. a. the Work is defective, or completed 2. If OWNER refuses to make payment of Work has been damaged, requiring correction or the full amount recommended by ENGINEER, replacement; OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating b. the Contract Price has been reduced by the reasons for such action and promptly pay CON- Written Amendment or Change Orders; TRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly 00700 - 40