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<br />A. Engineer will have authority to reject Work
<br />which Engineer believes to be defective, or that Engineer
<br />believes will not produce a completed Project that
<br />conforms to the Contract Documents or that will prejudice
<br />the integrity of the design concept of the completed
<br />Project as a functioning whole as indicated by the
<br />Contract Documents. Engineer will also have authority to
<br />require special inspection or testing of the Work as
<br />provided in Paragraph 13.04, whether or not the Work is
<br />fabricated, installed, or completed.
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<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 - 27
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<br />8.09
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<br />Limitations on Owner's Responsibilities
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<br />A. The Owner shall not supervise, direct, or have
<br />control or authority over, nor be responsible for,
<br />Contractor's means, methods, techniques, sequences, or
<br />procedures of construction, or the safety precautions and
<br />programs incident thereto, or for any failure of Contractor
<br />to comply with Laws and Regulations applicable to the
<br />performance of the Work. Owner will not be responsible
<br />for Contractor's failure to perform the Work in
<br />accordance with the Contract Documents.
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<br />8.10 Undisclosed
<br />Condition
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<br />Environmental
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<br />Hazardous
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<br />A. Owner's responsibility in respect to an undis-
<br />closed Hazardous Environmental Condition is set forth in
<br />Paragraph 4.06.
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<br />8.11 Evidence of Financial Arrangements
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<br />A. If and to the extent Owner has agreed to
<br />furnish Contractor reasonable evidence that financial
<br />arrangements have been made to satisfy Owner's
<br />obligations under the Contract Documents, Owner's
<br />responsibility in respect thereof will be as set forth in the
<br />Supplementary Conditions.
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<br />ARTICLE 9 - ENGINEER'S STATUS DURING
<br />CONSTRUCTION
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<br />9.01
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<br />Owner's Representative
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<br />A. Engineer will be Owner's representative
<br />during the construction period, The duties and responsi-
<br />bilities and the limitations of authority of Engineer as
<br />Owner's representative during construction are set forth
<br />in the Contract Documents and will not be changed
<br />without written consent of Owner and Engineer.
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<br />9,02
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<br />Visits to Site
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<br />A. Engineer will make visits to the Site at inter-
<br />vals appropriate to the various stages of construction as
<br />Engineer deems necessary in order to observe as an
<br />experienced and qualified design professional the
<br />progress that has been made and the quality of the various
<br />aspects of Contractor's executed Work. Based on
<br />information obtained during such visits and observations,
<br />Engineer, for the benefit of Owner, will determine, in
<br />general, if the Work is proceeding in accordance with the
<br />Contract Documents. Engineer will not be required to
<br />make exhaustive or continuous inspections on the Site to
<br />check the quality or quantity of the Work. Engineer's
<br />efforts will be directed toward providing for Owner a
<br />greater degree of confidence that the completed Work will
<br />conform generally to the Contract Documents. On the
<br />basis of such visits and observations, Engineer will keep
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<br />Owner informed of the progress of the Work and will
<br />endeavor to guard Owner against defective Work.
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<br />B. Engineer's visits and observations are subject
<br />to all the limitations on Engineer's authority and
<br />responsibility set forth in Paragraph 9.09, Particularly, but
<br />without limitation, during or as a result of Engineer's
<br />visits or observations of Contractor's Work Engineer will
<br />not supervise, direct, control, or have authority over or be
<br />responsible for Contractor's means, methods, techniques,
<br />sequences, or procedures of construction, or the safety
<br />precautions and programs incident thereto, or for any
<br />failure of Contractor to comply with Laws and
<br />Regulations applicable to the performance of the Work.
<br />
<br />9.03 Project Representative
<br />
<br />A. If Owner and Engineer agree, Engineer will
<br />furnish a Resident Project Representative to assist
<br />Engineer in providing more extensive observation of the
<br />Work. The authority and responsibilities of any such
<br />Resident Project Representative and assistants will be as
<br />provided in the Supplementary Conditions, and
<br />limitations on the responsibilities thereof will be as
<br />provided in Paragraph 9.09. If Owner designates another
<br />representative or agent to represent Owner at the Site who
<br />is not Engineer's consultant, agent or employee, the
<br />responsibilities and authority and limitations thereon of
<br />such other individual or entity will be as provided in the
<br />Supplementary Conditions.
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<br />9.04 Authorized Variations in Work
<br />
<br />A. Engineer may authorize minor variations in
<br />the Work from the requirements of the Contract
<br />Documents which do not involve an adjustment in the
<br />Contract Price or the Contract Times and are compatible
<br />with the design concept of the completed Project as a
<br />functioning whole as indicated by the Contract Docu-
<br />ments. These may be accomplished by a Field Order and
<br />will be binding on Owner and also on Contractor, who
<br />shall perform the Work involved promptly. If Owner or
<br />Contractor believes that a Field Order justifies an
<br />adjustment in the Contract Price or Contract Times, or
<br />both, and the parties are unable to agree on entitlement to
<br />or on the amount or extent, if any, of any such adjustment
<br />, a Claim may be made therefor as provided in Paragraph
<br />10.05.
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<br />9.05
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<br />Rejecting Defective Work
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