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or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not
<br />supervise, direct, control, or have authority over or be responsible for Contractor's means,
<br />methods, techniques, sequences, or procedures of construction, or the safety precautions
<br />and programs incident thereto, or for any failure of Contractor to comply with Laws and
<br />Regulations applicable to the performance of the Work.
<br />10.03 Project Representative
<br />A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project
<br />Representative to represent Engineer at the Site and assist Engineer in observing the
<br />progress and quality of the Work, then the authority and responsibilities of any such
<br />Resident Project Representative will be as provided in the Supplementary Conditions, and
<br />limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner
<br />designates another representative or agent to represent Owner at the Site who is not
<br />Engineer's consultant, agent, or employee, the responsibilities and authority and
<br />limitations thereon of such other individual or entity will be as provided in the
<br />Supplementary Conditions.
<br />10.04 Rejecting Defective Work
<br />A. Engineer has the authority to reject Work in accordance with Article 14.
<br />10.05 Shop Drawings, Change Orders and Payments
<br />A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set
<br />forth in Paragraph 7.16.
<br />B. Engineer's authority, and limitations thereof, as to design calculations and design drawings
<br />submitted in response to a delegation of professional design services, if any, are set forth in
<br />Paragraph 7.19.
<br />C. Engineer's authority as to Change Orders is set forth in Article 11.
<br />D. Engineer's authority as to Applications for Payment is set forth in Article 15.
<br />10.06 Determinations for Unit Price Work
<br />A. Engineer will determine the actual quantities and classifications of Unit Price Work
<br />performed by Contractor as set forth in Paragraph 13.03.
<br />10.07 Decisions on Requirements of Contract Documents and Acceptability of Work
<br />A. Engineer will render decisions regarding the requirements of the Contract Documents, and
<br />judge the acceptability of the Work, pursuant to the specific procedures set forth herein for
<br />initial interpretations, Change Proposals, and acceptance of the Work. In rendering such
<br />decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will
<br />not be liable to Owner, Contractor, or others in connection with any proceedings,
<br />interpretations, decisions, or judgments conducted or rendered in good faith.
<br />10.08 Limitations on Engineer's Authority and Responsibilities
<br />A. Neither Engineer's authority or responsibility under this Article 10 or under any other
<br />provision of the Contract, nor any decision made by Engineer in good faith either to
<br />exercise or not exercise such authority or responsibility or the undertaking, exercise, or
<br />performance of any authority or responsibility by Engineer, shall create, impose, or give rise
<br />to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any
<br />Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee
<br />or agent of any of them.
<br />EJCDC® C-700, Standard General Conditions of the Construction Contract.
<br />Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,
<br />and American Society of Civil Engineers. All rights reserved. Page 42 of 65
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