9.08 Determinations for Unit Price Work
A ENGINEER will have authority to determine the actual quantities and classifications of items of Unit Price
Work performed by CONTRACTOR, and the written decisions of ENGINEER on such matters will be final,
binding on OWNER and CONTRACTOR and not subject to appeal (except as modified by ENGINEER to reflect
changed factual conditions).
9.09 Decisions on Requirements of Contract Documents and Acceptability of Work
A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work there under. Claims, disputes and other matters relating to the acceptability of the
Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract
documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or
Contract Times will be referred initially to ENGINEER in writing in accordance with the provisions of paragraph
10.05, with a request for a formal decision.
B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not be liable in
connection with any interpretation or decision rendered in such capacity. The rendering of a decision by
ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any
which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a
condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may
otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute,
or other matter.
9.10 Limitations on ENGINEER's Authority and Responsibilities
A. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of 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.
B. 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.
C. 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.
D. ENGINEER's review of the final Application for Payment and accompanying documentation and all
maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and
approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine
generally that their content complies with the requirements of, and in the case of certificates or inspections, tests,
and approvals that the results certified indicate compliance with the Contract Documents.
E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to
ENGINEER's Consultants, Resident Project Representative, and assistants.
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