C. In connection with ENGINEER’s authority as to Applications for Payment, see Article 14,
9.08 Determinations for Unit Price Wark
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 Hable 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.
8. 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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