Laserfiche WebLink
a. the Work has progressed to the point indicated; <br />b. the quality of the Work is generally in accordance with the Contract Documents <br />(subject to an evaluation of the Work as a functioning whole prior to or upon <br />Substantial Completion, the results of any subsequent tests called for in the <br />Contract Documents, a final determination of quantities and classifications for <br />Unit Price Work under Paragraph 13.03, and any other qualifications stated in the <br />recommendation); and <br />c. the conditions precedent to Contractor's being entitled to such payment appear <br />to have been fulfilled in so far as it is Engineer's responsibility to observe the <br />Work. <br />3. By recommending any such payment Engineer will not thereby be deemed to have <br />represented that: <br />a. inspections made to check the quality or the quantity of the Work as it has been <br />performed have been exhaustive, extended to every aspect of the Work in <br />progress, or involved detailed inspections of the Work beyond the responsibilities <br />specifically assigned to Engineer in the Contract; or <br />b. there may not be other matters or issues between the parties that might entitle <br />Contractor to be paid additionally by Owner or entitle Owner to withhold <br />payment to Contractor. <br />4. Neither Engineer's review of Contractor's Work for the purposes of recommending <br />payments nor Engineer's recommendation of any payment, including final payment, <br />will impose responsibility on Engineer: <br />a. to supervise, direct, or control the Work, or <br />b. for the means, methods, techniques, sequences, or procedures of construction, <br />or the safety precautions and programs incident thereto, or <br />c. for Contractor's failure to comply with Laws and Regulations applicable to <br />Contractor's performance of the Work, or <br />d. to make any examination to ascertain how or for what purposes Contractor has <br />used the money paid on account of the Contract Price, or <br />e. to determine that title to any of the Work, materials, or equipment has passed to <br />Owner free and clear of any Liens. <br />5. Engineer may refuse to recommend the whole or any part of any payment if, in <br />Engineer's opinion, it would be incorrect to make the representations to Owner stated <br />in Paragraph 15.01.C.2. <br />6. Engineer will recommend reductions in payment (set -offs) necessary in Engineer's <br />opinion to protect Owner from loss because: <br />a. the Work is defective, requiring correction or replacement; <br />b. the Contract Price has been reduced by Change Orders; <br />c. Owner has been required to correct defective Work in accordance with Paragraph <br />14.07, or has accepted defective Work pursuant to Paragraph 14.04; <br />d. Owner has been required to remove or remediate a Hazardous Environmental <br />Condition for which Contractor is responsible; or <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 56 of 65 <br />