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<br />9.06
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<br />Shop Drawings, Change Orders and Payments
<br />
<br />A. In connection with Engineer's authority, and
<br />limitations thereof, as to Shop Drawings and Samples, see
<br />Paragraph 6.17.
<br />
<br />B. In connection with Engineer's authority, and
<br />limitations thereof, as to design calculations and design
<br />drawings submitted in response to a delegation of
<br />professional design services, if any, see Paragraph 6.21.
<br />
<br />C. In connection with Engineer's authority as to
<br />Change Orders, see Articles 10, 11, and 12.
<br />
<br />D. In connection with Engineer's authority as to
<br />Applications for Payment, see Article 14.
<br />
<br />9.07 Determinationsfor Unit Price Work
<br />
<br />A. Engineer will determine the actual quantities
<br />and classifications of Unit Price Work performed by
<br />Contractor. Engineer will review with Contractor the
<br />Engineer's preliminary determinations on such matters
<br />before rendering a written decision thereon (by
<br />recommendation of an Application for Payment or
<br />otherwise): Engineer's written decision thereon wm be
<br />final and binding (except as modified by Engineer to
<br />reflect changed factual conditions or more accurate data)
<br />upon Owner and Contractor, subject to the provisions of
<br />Paragraph 10.05.
<br />
<br />9.08 Decisions on Requirements of Contract
<br />Documents and Acceptability of Work
<br />
<br />A. Engineer will be the initial interpreter of the
<br />requirements of the Contract Documents and judge of the
<br />acceptability of the Work thereunder. All matters in
<br />question and other matters between Owner and Contractor
<br />arising prior to the date [mal payment is due relating to
<br />the acceptability of the Work, and the interpretation of the
<br />requirements of the Contract Documents pertaining to the
<br />performance of the Work, will be referred initially to
<br />Engineer in writing within 30 days of the event giving rise
<br />to the question
<br />
<br />B. Engineer will, with reasonable promptness,
<br />render a written decision on the issue referred. If Owner
<br />or Contractor believe that any such decision entitles them
<br />to an adjustment in the Contract Price or Contract Times
<br />or both, a Claim may be made under Paragraph 10.05.
<br />The date of Engineer's decision shall be the date of the
<br />event giving rise to the issues referenced for the purposes
<br />of Paragraph 1O.05.B.
<br />
<br />C. Engineer's written decision on the issue
<br />referred will be final and binding on Owner and
<br />Contractor, subject to the provisions of Paragraph 10.05.
<br />
<br />partiality to Owner or Contractor and will not be liable in
<br />connection with any interpretation or decision rendered in
<br />good faith in such capacity.
<br />
<br />9.09 Limitations on Engineer's Authority and
<br />Responsibilities
<br />
<br />A. Neither Engineer's authority or responsibility
<br />under this Article 9 or under any other provision of the
<br />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
<br />performance of any authority or responsibility by
<br />Engineer shall create, impose, or give rise to any duty in
<br />contract, tort, or otherwise owed by Engineer to
<br />Contractor, any Subcontractor, any Supplier, any other
<br />individual or entity, or to any surety for or employee or
<br />agent of any ofthem.
<br />
<br />B. Engineer will not supervise, direct, control, or
<br />have authority over or be responsible for Contractor's
<br />means, methods, techniques, sequences, or procedures of
<br />construction, or the safety precautions and programs
<br />incident thereto, or for any failure of Contractor to
<br />comply with Laws and Regulations applicable to the
<br />performance of the Work. Engineer will not be respon-
<br />sible-dfor Contractor's failure to perform the Work in
<br />accordance with the Contract Documents.
<br />
<br />C. Engineer will not be responsible for the acts
<br />or omissions of Contractor or of any Subcontractor, any
<br />Supplier, or of any other individual or entity performing
<br />any ofthe Work.
<br />
<br />D. Engineer's review of the final Application for
<br />Payment and accompanying documentation and all
<br />maintenance and operating instructions, schedules,
<br />guarantees, bonds, certificates of inspection, tests and
<br />approvals, and other documentation required to be
<br />delivered by Paragraph 14.07.A will only be to determine
<br />generally that their content complies with the require-
<br />ments of, and in the case of certificates of inspections,
<br />tests, and approvals that the results certified indicate
<br />compliance with the Contract Documents.
<br />
<br />E. The limitations upon authority and responsi-
<br />bility set forth in this Paragraph 9.09 shall also apply to,
<br />the Resident Project Representative, if any, and assistants,
<br />if any.
<br />
<br />ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
<br />
<br />10.01
<br />
<br />Authorized Changes in the Work
<br />
<br />A. Without invalidating the Contract and without
<br />notice to any surety, Owner may, at any time or from time
<br />to time, order additions, deletions, or revisions in the
<br />D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive.
<br />under this Paragraph 9.08, Engineer will not show Upon receipt of any such document, Contractor shall
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 28
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