Laserfiche WebLink
9.07 Determinations for Unit Price Work <br />A. Engineer will determine the actual quantities and classifications of Unit Price Work performed <br />by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations <br />on such matters before rendering a written decision thereon (by recommendation of an <br />Application for Payment or otherwise). Engineer's written decision thereon will be final and <br />binding (except as modified by Engineer to reflect changed factual conditions or more accurate <br />data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05. <br />9.08 Decisions on Requirements of Contract Documents and Acceptability of Work <br />A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge <br />of the acceptability of the Work thereunder. All matters in question and other matters between <br />Owner and Contractor arising prior to the date final payment is due relating to the acceptability <br />of the Work, and the interpretation of the requirements of the Contract Documents pertaining <br />to the performance of the Work, will be referred initially to Engineer in writing within 30 days <br />of the event giving rise to the question. <br />B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If <br />Owner or Contractor believes that any such decision entitles them to an adjustment in the <br />Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The <br />date of Engineer's decision shall be the date of the event giving rise to the issues referenced for <br />the purposes of Paragraph 10.05.B. <br />C. Engineer's written decision on the issue referred will be final and binding on Owner and <br />Contractor, subject to the provisions of Paragraph 10.05. <br />D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show <br />partiality to Owner or Contractor and will not be liable in connection with any interpretation or <br />decision rendered in good faith in such capacity. <br />9.09 Limitations on Engineer's Authority and Responsibilities <br />A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision <br />of the Contract Documents nor any decision made by Engineer in good faith either to exercise <br />or not exercise such authority or responsibility or the undertaking, exercise, or performance of <br />any authority or responsibility by Engineer shall create, impose, or give rise to any duty in <br />contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, <br />any other individual or entity, or to any surety for or employee or agent of any of them. <br />B. Engineer will not supervise, direct, control, or have authority over or be responsible for <br />Contractor's means, methods, techniques, sequences, or procedures of construction, or the <br />safety precautions and programs incident thereto, or for any failure of Contractor to comply <br />with Laws and Regulations applicable to the performance of the Work. Engineer will not be <br />responsible for Contractor's failure to perform the Work in accordance with the Contract <br />Documents. <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 40 of 62 <br />00 72 05 <br />