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Owner's and Engineer's Status During Construction
ARTICLE 8 - OWNER'S AND ENGINEER'S STATUS DURING CONSTRUCTION
8.1 OWNER's Representative. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER.
8.2 Visits to Site. ENGINEER will make visits to the site at intervals appropriate to various stages of construction to observe and become cognizant with the progress quality and quantity of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will also, as he deems necessary, make on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be undertaken solely for the purpose of providing OWNER a greater degree of confidence that all Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work.
8.3 Project Representation. OWNER may at its sole option assign one or more full or part time engineers, inspectors or other representatives to observe the performance of the Work. The duties, responsibilities and limitations of authority of any such representatives will be as provided in the General Conditions or as otherwise stated to CONTRACTOR in writing by the Director or other duly appointed official of the department or agency of the OWNER for whose use and/or benefit the Project is to be constructed.
8.4 Clarifications and Interpretations. ENGINEER may issue written clarifications or interpretations of the requirements of Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such clarifications and interpretations shall become binding upon the CONTRACTOR upon ratification thereof by the OWNER. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 10 or Article 11.
8.5 Authorized Variations in Work. OWNER, or ENGINEER following consultation with and approval by the OWNER , may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order or other form of written directive and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order or other written directive issued pursuant to this Section justifies an increase in the Contract Price or an extension of the contract time, CONTRACTOR shall make a claim therefore as provided in Article 10 or 11.
8.6 Rejecting Defective Work. OWNER or ENGINEER will have authority to disapprove or reject Work which is believed or determined to be Defective, and will also have authority to require special inspection or testing of the Work as provided in Section 12.4, whether or not the Work is fabricated, installed or completed.
8.7 ENGINEER's Interpretations and Decisions. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder to the extent that such requirements and issues respecting acceptability of the Work involve decisions or interpretations dealing with technical, engineering, design, or other subject matters, arising out of the Technical Specifications and within the expertise of the ENGINEER. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than twenty (20) days) after occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within thirty (30) days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. In the event of such referral, the ENGINEER will render a formal decision in writing within a reasonable time. The OWNER shall resolve all other disagreements arising from the Technical Specifications or other sections of the Contract Documents and CONTRACTOR shall comply with the time limitations contained herein.
8.8 Non-liability of ENGINEER. Neither ENGINEER's authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not to exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, to any other person or organization performing any of the work, or to any surety for any of them.
8.9 Purposes of ENGINEER's Activities. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper" or "satisfactory" or adjectives of like effect or import are used to describe requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of this Article.
8.10 Construction Methods. OWNER and ENGINEER shall have no responsibility for CONTRACTOR's selection or implementation of means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and OWNER and ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work or to fulfill other duties in accordance with the Contract Documents.
8.11 Acts or Omissions By Others. OWNER and ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractors, any Supplier, or of any separate contractor or other person or organization furnishing any work, labor, materials or services for or in furtherance of the Project.
8.12 Communications. OWNER may issue all communication to CONTRACTOR through ENGINEER or at its option may communicate with the CONTRACTOR directly, with a copy to the ENGINEER.
8.13 Replacement for ENGINEER. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer whose status under the Contract Documents shall be that of the former ENGINEER; provided, that OWNER may, at its sole option and with notice to CONTRACTOR, elect to exercise all or part of the function and authority of the ENGINEER following such termination, either permanently or on an interim basis.
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