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<br />made by Engineer in good faith either to exercise or
<br />not exercise such authority or responsibility or the
<br />undertaking, exercise, or performance of any
<br />authority or responsibility by Engineer shall create,
<br />impose, or give rise to any duty in contract, tort, or
<br />otherwise owed by Engineer to Contractor, any
<br />Subcontractor, any Supplier, any other individual or
<br />entity, or to any surety for or employee or agent of
<br />any of them.
<br />
<br />B. Engineer will not supervise, direct,
<br />control, or have authority over or be responsible for
<br />Contractor's means, methods, techniques, se-
<br />quences, or procedures of construction, or the safety
<br />precautions and programs incident thereto, or for
<br />any failure of Contractor to comply with Laws and
<br />Regulations applicable to the performance of the
<br />Work. Engineer will not be responsible for
<br />Contractor's failure to perform the Work in accor-
<br />dance with the Contract Documents.
<br />
<br />C. Engineer will not be responsible for the
<br />acts or omissions of Contractor or of any
<br />Subcontractor, any Supplier, or of any other
<br />individual or entity performing any of the Work.
<br />
<br />D. Engineer's review of the final Application
<br />for Payment and accompanying documentation and
<br />all maintenance and operating instructions,
<br />schedules, guarantees, bonds, certificates of
<br />inspection, tests and approvals, and other documen-
<br />tation required to be delivered by Paragraph 14.07.A
<br />will only be to determine generally that their content
<br />complies with the requirements of, and in the case of
<br />certificates of inspections, tests, and approvals that
<br />the results certified indicate compliance with the
<br />Contract Documents.
<br />
<br />E. The limitations upon authority and
<br />responsibility set forth in this Paragraph 9.09 shall
<br />also apply to, the Resident Project Representative, if
<br />any, and assistants, if any.
<br />
<br />ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
<br />
<br />10,01 Authorized Changes in the Work
<br />
<br />A Without invalidating the Contract and
<br />without notice to any surety, Owner may, at any time
<br />or from time to time, order additions, deletions, or
<br />revisions in the Work by a Change Order, or a Work
<br />Change Directive, Upon receipt of any such
<br />document, Contractor shall promptly proceed with
<br />the Work involved which will be performed under the
<br />applicable conditions of the Contract Documents
<br />(except as otherwise specifically provided).
<br />
<br />B. If Owner and Contractor are unable to
<br />agree on entitlement to, or on the amount or extent,
<br />if any, of an adjustment in the Contract Price or
<br />Contract Times, or both, that should be allowed as a
<br />result of a Work Change Directive, a Claim may be
<br />made therefor as provided in Paragraph 10.05.
<br />
<br />10.02 Unauthorized Changes in the Work
<br />
<br />AContractor shall not be entitled to an
<br />increase in the Contract Price or an extension of the
<br />Contract Times with respect to any work performed
<br />that is not required by the Contract Documents as
<br />amended, modified, or supplemented as provided in
<br />Paragraph 3.04, except in the case of an emergency
<br />as provided in Paragraph 6.16 or in the case of
<br />uncovering Work as provided in Paragraph 13.04. B.
<br />
<br />10.03 Execution of Change Orders
<br />
<br />A Owner and Contractor shall execute
<br />appropriate Change Orders recommended by
<br />Engineer covering:
<br />
<br />1. changes in the Work which are: (i)
<br />ordered by Owner pursuant to Paragraph 10.01.A,
<br />(ii) required because of acceptance of defective
<br />Work under Paragraph 13.08.A or Owner's
<br />correction of defective Work under Paragraph 13.09,
<br />or (Hi) agreed to by the parties;
<br />
<br />2. changes in the Contract Price or Contract
<br />Times which are agreed to by the parties, including
<br />any undisputed sum or amount of time for Work
<br />actually performed in accordance with a Work
<br />Change Directive; and
<br />
<br />3. changes in the Contract Price or Contract
<br />Times which embody the substance of any written
<br />decision rendered by Engineer pursuant to
<br />Paragraph 10.05; provided that, in lieu of executing
<br />any such Change Order, an appeal may be taken
<br />from any such decision in accordance with the
<br />provisions of the Contract Documents and
<br />applicable Laws and Regulations, but during any
<br />such appeal, Contractor shall carry on the Work and
<br />adhere to the Progress Schedule as provided in
<br />Paragraph 6.18.A.
<br />
<br />10.04 Notification to Surety
<br />
<br />A If notice of any change affecting the
<br />general scope of the Work or the provisions of the
<br />Contract Documents (including, but not limited to,
<br />Contract Price or Contract Times) is required by the
<br />provisions of any bond to be given to a surety, the
<br />giving of any such notice will be Contractor's
<br />responsibility. The amount of each applicable bond
<br />
<br />EJCDC C-700 Stanllarll General Conllitions of the Construction Contract.
<br />Copyright ~ 2002 National Society of Professional Engineers for EJCDC. All rights reservell.
<br />00700 - 31
<br />
<br />Final Version 01/07
<br />
<br />03-4197
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