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' 9 . 04 Clarifications and Interpretations C. In connection with ENGINEER' s authority as to
<br /> Applications for Payment, see Article 14.
<br /> A. ENGINEER will issue with reasonable promptness
<br /> such written clarifications or interpretations of the require- 9.08 Determinations for Unit Price Work
<br /> ments of the Contract Documents as ENGINEER may
<br /> determine necessary, which shall be consistent with the A. ENGINEER will determine the actual quantities
<br /> intent of and reasonably inferable from the Contract Docu- and classifications of Unit Price Work performed
<br /> by
<br /> ments . Such written clarifications and interpretations will CONTRACTOR. ENGINEER will review with CON-
<br /> be binding on OWNER and CONTRACTOR. If OWNER TRACTOR the ENGINEER' s preliminary determinations
<br /> and CONTRACTOR are unable to agree on entitlement to on such matters before rendering a written decision thereon
<br /> or on the amount or extent, if any, of any adjustment in the (by recommendation of an Application for Payment
<br /> or
<br /> Contract Price or Contract Times, or both, that should be otherwise) . ENGINEER' s written decision thereon will be
<br /> allowed as a result of a written clarification or interpre- final and binding (except as modified by ENGINEER
<br /> to
<br /> tation, a Claim may be made therefor as provided in reflect changed factual conditions or more
<br />accurate data)
<br /> paragraph 10. 05 . upon OWNER and CONTRACTOR, subject to the
<br /> provisions of paragraph 10 .05 .
<br /> 9 . 05 Authorized Variations in Work
<br /> 9 . 09 Decisions on Requirements of Contract
<br /> A. ENGINEER may authorize minor variations in the Documents and Acceptability of Work
<br /> Work from the requirements of the Contract Documents
<br /> which do not involve an adjustment in the Contract Price or A. ENGINEER will be the initial interpreter of the
<br /> the Contract Times and are compatible with the design requirements of the Contract Documents and judge of
<br />the
<br /> concept of the completed Project as a functioning whole as acceptability of the Work thereunder. Claims, disputes and
<br /> indicated by the Contract Documents . These may be other matters relating to the acceptability of the Work,
<br /> the
<br /> accomplished by a Field Order and will be binding on quantities and classifications of Unit Price
<br /> Work, the
<br /> OWNER and also on CONTRACTOR, who shall perform interpretation of the requirements of the Contract
<br /> the Work involved promptly. If OWNER and CONTRAC- Documents pertaining to the performance of the Work, and
<br /> ' TOR are unable to agree on entitlement to or on the amount Claims seeking changes in the Contract Price or Contract
<br /> or extent, if any, of any adjustment in the Contract Price or Times will be referred initially to ENGINEER in writing, in
<br /> Contract Times, or both, as a result of a Field Order, a accordance with the provisions of paragraph 10.05 ,
<br /> with a
<br /> Claim may be made therefor as provided in paragraph request for a formal decision.
<br /> 10 .05 .
<br /> Paragraph 9.09.B has been deleted in its entirety.
<br /> 9 . 06 Rejecting Defective Work ti +e... +e, a a a
<br /> R Villa " �zg-a9 uzccxpzcccrZrFzQ-�tc�r6c�.atccthis paragraph 9.09, ENGPMER v411 net sheyAr r
<br /> partial"
<br /> A. ENGINEER will have authority to disapprove or QALM 4n �GON4GTQ a n + be liable
<br /> reject Work which ENGINEER believes to be defective, or fens"tio • '+h any interpretation eF deeision a a
<br /> that ENGINEER believes will not produce a completed geed faith in sueh eapaeity. The Fendering ef a desision by
<br /> Project that conforms to the Contract Documents or that
<br /> will prejudice the integrity of the design concept of the any sueli Q a ' , tl ffm#er- ( w '
<br /> h
<br /> completed Project as a functioning whole as indicated by have b a b t 1 • + ` '
<br /> -tea:Vca v7--¢x'c ximn:-az"S-v'r—&vccp�ancc�—ruxut
<br /> the Contract Documents . ENGINEER will also have pa! %ne�t as provided in paragraph 107) " "" ''" a conditieti
<br /> authority to require special inspection or testing of the Work
<br /> as provided in paragraph 13 .04, whether or not the Work is of suehrlits remedies eithert hmre
<br /> i b
<br /> fabricated, installed, or completed. Under the Ce t." r, , w T Regulations
<br /> ' ��, e�+ dc µ ^, , ,.t, rl " :... , a: ^„. ,+e ,.a, ".. .+
<br /> .�.^.Y.. , a u� .au,.ai czuu xz,�a , �
<br /> 9 . 07 Shop Drawings, Change Orders and Payments
<br /> 9 . 10 Limitations on ENGINEER 's Authority and
<br /> ' A. In connection with ENGINEER' s authority as to Responsibilities
<br /> Shop Drawings and Samples, see paragraph 6. 17 .
<br /> A. Neither ENGINEER' s authority or responsibility
<br /> B . In connection with ENGINEER ' s authority as to under this Article 9 or under any other provision of
<br /> the
<br /> Change Orders, see Articles 10, 11 , and 12 . Contract Documents nor any decision made by ENGINEER
<br /> in good faith either to exercise or not exercise such
<br /> authority or responsibility or the undertaking, exercise, or
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