C-2.7
ADD the following:
33.3
The Project has been designed by Woodard and Curran, Inc. referred to as the
“Engineer”. Neither Engineer’s authority or responsibility under the Contract Documents
nor any decision made by Engineer in good faith either to exercise or not exercise such
authority or responsibility or the undertaking, exercise, or performance of any authority
or responsibility by Engineer shall create, impose, or give rise to any duty in contract,
tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any
other individual or entity, or to any surety for or employee or agent of any of them.
A.
Engineer will not supervise, direct, control, or have authority over or be
responsible for Contractor’s means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and programs incident
thereto, or for any failure of Contractor to comply with Laws and Regulations
applicable to the performance of the Work. Engineer will not be responsible for
Contractor’s failure to perform the Work in accordance with the Contract
Documents.
Engineer will not be responsible for the acts or omissions of Contractor or of any
Subcontractor, any Supplier, or of any other individual or entity performing any
of the Work.
Engineer will have no responsibility or authority:
to order changes in construction which will result in additional costs or
which will require extensions of Contract Times;
to suspend all or any portion of Contractor's operations;
to terminate all or any portion of the Work;
to make final acceptance of all or any portion of the Work; and
to operate or maintain any portion of the Work.
The limitations upon authority and responsibility set forth in this Paragraph shall
also apply to Engineer’s representatives, if any, and assistants, if any.
Intent of Certain Terms or Adjectives: The Contract Documents include the terms
“as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or
import to authorize an exercise of professional judgment by Engineer. In addition,
the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or
adjectives of like effect or import are used to describe an action or determination
of Engineer as to the Work. It is intended that such exercise of professional
judgment, action, or determination will be solely to evaluate, in general, the Work
for compliance with the information in the Contract Documents and with the
design concept of the Project as a functioning whole as shown or indicated in the
Contract Documents (unless there is a specific statement indicating otherwise).
99 6¢
13089A
