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the Supplementary Conditions, and limitations on D. In connection with Engineer's authority as the responsibilities thereof will be as provided in to Applications for Payment,see Article 14 Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the 9.07 Determinations for Unit Price Work Site who is not Engineer's consultant, agent or em- ployee, the responsibilities and authority and A. Engineer will determine the actual quanti- limitations thereon of such other individual or entity ties and classifications of Unit Price Work performed will be as provided in the Supplementary Conditions. by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on such 9.04 Authorized Variations in Work matters before rendering a written decision thereon (by recommendation of an Application for Payment A Engineer may authorize minor variations or otherwise). Engineer's written decision thereon in the Work from the requirements of the Contract will be final and binding (except as modified by Documents which do not involve an adjustment in Engineer to reflect changed factual conditions or the Contract Price or the Contract Times and are more accurate data) upon Owner and Contractor, compatible with the design concept of the completed subject to the provisions of Paragraph 10.05. Project as a functioning whole as indicated by the Contract Documents. These may be accomplished 9.08 Decisions on Requirements of Contract by a Field Order and will be binding on Owner and Documents and Acceptability of Work also on Contractor, who shall perform the Work in- volved promptly. If Owner or Contractor believes that A. Engineer will be the initial interpreter of a Field Order justifies an adjustment in the Contract the requirements of the Contract Documents and Price or Contract Times, or both, and the parties are judge of the acceptability of the Work thereunder All unable to agree on entitlement to or on the amount matters in question and other matters between or extent, if any of any such adjustment , a Claim Owner and Contractor arising prior to the date final may be made therefor as provided in Paragraph payment is due relating to the acceptability of the 10.05. Work, and the interpretation of the requirements of the Contract Documents pertaining to the 9.05 Rejecting Defective Work performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving A. Engineer will have authority to reject rise to the question Work which Engineer believes to be defective, or that Engineer believes will not produce a completed B. Engineer will, with reasonable Project that conforms to the Contract Documents or promptness, render a written decision on the issue that will prejudice the integrity of the design concept referred. If Owner or Contractor believe that any of the completed Project as a functioning whole as such decision entitles them to an adjustment in the indicated by the Contract Documents. Engineer will Contract Price or Contract Times or both, a Claim also have authority to require special inspection or may be made under Paragraph 10.05 The date of testing of the Work as provided in Paragraph 13.04, Engineer's decision shall be the date of the event whether or not the Work is fabricated, installed, or giving rise to the issues referenced for the purposes completed. of Paragraph 10.05.8. 9.06 Shop Drawings, Change Orders and C. Engineer's written decision on the issue Payments referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph A. In connection with Engineer's authority, 10.05 and limitations thereof. as to Shop Drawings and Samples, see Paragraph 6.17 0. When functioning as interpreter and judge under this Paragraph 9 08, Engineer will not B. In connection with Engineer's authority, show partiality to Owner or Contractor and will not and limitations thereof, as to design calculations and be liable in connection with any interpretation or design drawings submitted in response to a decision rendered in good faith in such capacity. delegation of professional design services, if any. see Paragraph 6 21. 9.09 Limitations on Engineers Authority and Responsibilities C. In connection with Engineer's authority as to Change Orders,see Articles 10, 11,and 12. A. Neither Engineer's authority or respon- sibility under this Article 9 or under any other provi- sion of the Contract Documents nor any decision FJCDC C-700 Standard General Conditions or the Construction Contract Cop?right C.2002 National Socieo or Professional Engineers for LICK, :ill rights tom ed. 00700-I9 03/12 114179