such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding
in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous
inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward
providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract
Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the
Work and will endeavor to guard OWNER against defective Work.
B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set
forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or
observations of CONTRACTOR's Work 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.
9.03 Project Representative
A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in
providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any
such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary
Conditions. If OWNER designates another representative or agent to represent OWNER at the Site who is not
ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereof of such other
individual or entity will be as provided in the supplementary Conditions.
9.04 Clarifications and interpretations
A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements
of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and
reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. 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, that should be allowed as a result of
a written clarification or interpretation, a Claim may be made therefore as provided in paragraph 10.05.
9.05 Authorized Variations in Work
A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract documents which do
not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of
the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished 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.
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