|
CONTRACTOR of such rights or remedies as either ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
<br /> may otherwise have under the Contract Documents or
<br /> by Laws or Regulations in respect of any such Claim ,
<br /> dispute, or other matter. 10 . 01 Authorized Changes in the Work
<br /> 9 . 10 Limitations on ENGINEER 's Authority and A. Without invalidating the Agreement and
<br /> Responsibilities without notice to any surety, OWNER may, at any time
<br /> or from time to time , order additions, deletions, or
<br /> A. Neither ENGINEER's authority or respon- revisions in the Work by a Written Amendment, a
<br /> sibility under this Article 9 or under any other provision Change Order, or a Work Change Directive. Upon
<br /> of the Contract Documents nor any decision made by receipt of any such document, CONTRACTOR shall
<br /> ENGINEER in good faith either to exercise or not promptly proceed with the Work involved which will be
<br /> exercise such authority or responsibility or the performed under the applicable conditions of the
<br /> undertaking , exercise , or performance of any authority Contract Documents (except as otherwise specifically
<br /> or responsibility by ENGINEER shall create, impose, provided ) .
<br /> or give rise to any duty in contract, tort, or otherwise
<br /> owed by ENGINEER to CONTRACTOR , any Subcon- B . If OWNER and CONTRACTOR are unable to
<br /> tractor, any Supplier, any other individual or entity, or agree on entitlement to, or on the amount or extent, if
<br /> to any surety for or employee or agent of any of them . any, of an adjustment in the Contract Price or Contract
<br /> Times , or both , that should be allowed as a result of a
<br /> B . ENGINEER will not supervise , direct, control , Work Change Directive, a Claim may be made
<br /> or have authority over or be responsible for therefor as provided in paragraph 10 . 05 .
<br /> CONTRACTOR's means , methods , techniques, se-
<br /> quences, or procedures of construction , or the safety 10 . 02 Unauthorized Changes in the Work
<br /> precautions and programs incident thereto , or for any
<br /> failure of CONTRACTOR to comply with Laws and A. CONTRACTOR shall not be entitled to an
<br /> Regulations applicable to the performance of the increase in the Contract Price or an extension of the
<br /> Work. ENGINEER will not be responsible for Contract Times with respect to any work performed
<br /> CONTRACTOR's failure to perform the Work in that is not required by the Contract Documents as
<br /> accordance with the Contract Documents. amended , modified , or supplemented as provided in
<br /> paragraph 3 . 04 , except in the case of an emergency
<br /> C . ENGINEER will not be responsible for the as provided in paragraph 6 . 16 or in the
<br /> case of
<br /> acts or omissions of CONTRACTOR or of any uncovering Work as provided in paragraph 13 . 04 . B .
<br /> Subcontractor, any Supplier, or of any other individual
<br /> or entity performing any of the Work. 10 . 03 Execution of Change Orders
<br /> D . ENGINEER's review of the final Application A. OWNER and CONTRACTOR shall execute
<br /> for Payment and accompanying documentation and all appropriate Change Orders recommended by ENGI -
<br /> maintenance and operating instructions , schedules, NEER (or Written Amendments) covering :
<br /> guarantees, Bonds, certificates of inspection , tests
<br /> and approvals , and other documentation required to 1 . changes in the Work which are: ( i )
<br /> be delivered by paragraph 14 . 07 .A will only be to ordered by OWNER pursuant to paragraph
<br /> determine generally that their content complies with 10 . 01 .A, (ii) required because of acceptance of
<br /> the requirements of, and in the case of certificates of defective Work under paragraph 13 . 08 .A or
<br /> inspections , tests , and approvals that the results OWNER's correction of defective Work under
<br /> certified indicate compliance with , the Contract paragraph 13 . 09 , or ( iii) agreed to by the
<br /> Documents . parties ;
<br /> E . The limitations upon authority and responsibil- 2 . changes in the Contract Price or
<br /> ity set forth in this paragraph 9 . 10 shall also apply to Contract Times which are agreed to by
<br /> the
<br /> ENGINEER's Consultants , Resident Project Repre- parties , including any undisputed sum or
<br /> sentative , and assistants . amount of time for Work actually performed in
<br /> accordance with a Work Change Directive; and
<br /> 3 . changes in the Contract Price or
<br /> Contract Times which embody the substance of
<br /> any written decision rendered by ENGINEER
<br /> 00700 - General Conditions REV 04-07
<br /> 00700 - 30
<br /> F:\Engineering\Capital Projects\080317th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents100700 - General
<br /> Conditions REV
<br /> 04-07.doc
<br />
|