33.
C-1.24
Authority of the Engineer. In performing his duties, the Engineer or his representative
shall:
33.1 Have the authority to suspend the work in whole or in part for such periods as he
may deem necessary due to the failure of the Contractor to carry out provisions of the
Contract or for failure of the Contractor to suspend work in weather conditions
considered by the Engineer to be unsuitable for the prosecution of the work. The
Engineer shall give all orders and directions under this contract, relative to the execution
of the work. The Engineer shall determine the amount, quality, acceptability, and fitness
of the several kinds of work and materials which are to be paid for under this contract and
shall decide all questions which may arise in relation to the work. The Engineer's
estimates and decisions shall be final and conclusive, except as otherwise provided. In
case any question shall arise between the parties hereto relative to said contract or
specifications, the determination or decision of the Engineer shall be a condition
precedent to the right of the Contractor to receive any money or payment for work under
this contract affected to any extent by such question. The Engineer shall decide the
meaning and intent of any portion of the specifications and of any plans or drawings
where the same may be found unclear. Any differences or conflicts in regard to their
work which may arise between the Contractor under this contract and other Contractors
performing work for the Owner shall be adjusted and determined by the Engineer.
a. The purpose of the above article is not in any way to relieve the Contractor
of his responsibilities for the safety of workmen or general public in the execution
of the work. Attention is drawn to Article 13 of these Conditions which refers to
the safety obligations of the Contractor.
b. The Engineer, acting on behalf of the Owner, has the authority to enforce
corrective action for work not in accordance with the specifications.
c. In addition, the Engineer, acting on behalf of the Owner, is to ensure that
the work is in accordance with the Contract documents. He is not held
responsible, however, for the methods of construction, sequences, schedules and
procedures in the execution of the work. The Engineer does have the opportunity
under 33.1 to reject the method of construction, work plan schedule, procedures,
as he thinks appropriate.
33.2 Appoint assistants and representatives as he desires, and they shall be granted full
access to the work under the contract. They have the authority to give directions
pertaining to the work, to approve or reject materials, to suspend any work that is being
improperly performed, to make measurements of quantities, to keep records of costs, and
otherwise represent the Engineer in all matters except as provided below. The Contractor
may, however, appeal from their decision to the Engineer himself, but any work done
pending its resolution is at the Contractor's own risk. Except as permitted and instructed
by the Engineer, the assistants and representatives are not authorized to revoke, alter,
enlarge, relax, or release any requirements of these specifications, nor to issue
instructions contrary to the plans and specifications. They are not authorized to act as
superintendents or foremen for the Contractor, or to interfere with the management of the
work by the Contractor. Any advice which the assistants or representatives of the
Engineer may give the Contractor shall not be construed as binding the Engineer or the
Owner in any way, nor as releasing the Contractor from the fulfillment of the terms of the
contract. All transactions between the Contractor and the representatives of the Engineer
which are liable to protest or where payments are involved shall be made in writing.
