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
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
8.05 Lands and Easements; Reports and Tests
A. OWNER's duties in respect of providing lands and easements and providing ENGINEERing surveys to establish
reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making
available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical
conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized
and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such
other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents,
CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or
otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not
3. The issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereof by OWNER;
4. Use or occupancy of the Work or any part thereof by OWNER;
5. Any acceptance by OWNER or any failure to do so;
6. Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by
ENGINEER;
7. Any inspection, test, or approval by others; or
8. Any correction of defective Work by OWNER.
6.20 Indemnification
E. ENGINEER’s Review
1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop
Drawings and Sample submittals acceptable to ENGINEER. ENGINEER’s review and approval will be only to
determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be compatible with the design concept of the completed
Project as a functioning whole as indicated by the Contract Documents.
ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a
change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an
emergency, Change Order will be issued.
6.17 Shop drawings and Samples
of OWNER or ENGINEER or ENGINEER’S Consultant, or anyone employed by any of them, or anyone for whose acts any
of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of
CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of
them). CONTRACTOR’s duties and responsibilities for safety and for protection of the Work shall continue until such
neatly recorded as they occur by means of details and notes. No construction work shall be concealed until it has been
inspected, approved, and recorded. The As-built marked prints will be jointly inspected for accuracy and completeness
by the ENGINEER'S representative and a responsible representative of the CONTRACTOR prior to submission of the
monthly pay estimate. Failure to keep the As-built marked prints on a current basis shall be sufficient justification to
1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the
operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably
encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR
shall assume full responsibility for any damage to any such land or area, or to the OWNER or occupant thereof, or
of any adjacent land or areas resulting from the performance of the Work.
