by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved
promptly. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of
any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made
therefore as provided in paragraph 10.05.
9.06 Rejecting Defective Work
A ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that
ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as
provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed.
9.07 Shop Drawings, Change Orders and Payments
A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17.
B. In connection with ENGINEER's authority as to change orders, see Articles 10, 11, and 12.
C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14.
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 nights 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.
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