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4. Neither Engineer's review of Contractor's Work for the purposes of recommending <br />payments nor Engineer's recommendation of any payment, including final payment, will <br />impose responsibility on Engineer: <br />a. to supervise, direct, or control the Work, or <br />b. for the means, methods, techniques, sequences, or procedures of construction, or the <br />safety precautions and programs incident thereto, or <br />c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's <br />performance of the Work, or <br />d. to make any examination to ascertain how or for what purposes Contractor has used the <br />moneys paid on account of the Contract Price, or <br />e. to determine that title to any of the Work, materials, or equipment has passed to Owner <br />free and clear of any Liens. <br />5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's <br />opinion, it would be incorrect to make the representations to Owner stated in <br />Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, <br />because of subsequently discovered evidence or the results of subsequent inspections or <br />tests, revise or revoke any such payment recommendation previously made, to such extent <br />as may be necessary in Engineer's opinion to protect Owner from loss because: <br />a. the Work is defective, or completed Work has been damaged, requiring correction or <br />replacement; <br />b. the Contract Price has been reduced by Change Orders; <br />c. Owner has been required to correct defective Work or complete Work in accordance <br />with Paragraph 13.09; or <br />d. Engineer has actual knowledge of the occurrence of any of the events enumerated in <br />Paragraph 15.02.A. <br />C. Payment Becomes Due: <br />1. Ten days after presentation of the Application for Payment to Owner with Engineer's <br />recommendation, the amount recommended will (subject to the provisions of Paragraph <br />14.02.D) become due, and when due will be paid by Owner to Contractor. <br />D. Reduction in Payment: <br />1. Owner may refuse to make payment of the full amount recommended by Engineer because: <br />a. claims have been made against Owner on account of Contractor's performance or <br />furnishing of the Work; <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 55 of 62 <br />00 72 05 <br />