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Subject to the foregoing standard of care, Engineer and its consultants may use or <br />rely upon design elements and information ordinarily or customarily furnished by <br />others, including, but not limited to, specialty contractors, manufacturers, suppliers, <br />and the publishers of technical standards. <br />B. Engineer shall not at any time supervise, direct, control, or have authority over any <br />contractor's work, nor shall Engineer have authority over or be responsible for the <br />means, methods, techniques, sequences, or procedures of construction selected or <br />used by any contractor, or the safety precautions and programs incident thereto, for <br />security or safety at the Project site, nor for any failure of a contractor to comply <br />with laws and regulations applicable to such contractor's furnishing and performing <br />of its work. <br />C. This Agreement is to be governed by the law of the state or jurisdiction in which the <br />Project is located. <br />D. Engineer neither guarantees the performance of any contractor nor assumes <br />responsibility for any contractor's failure to furnish and perform its work in <br />accordance with the contract between Owner and such contractor. Engineer is not <br />responsible for variations between actual construction bids or costs and Engineer's <br />opinions or estimates regarding construction costs. <br />E. Engineer shall not be responsible for the acts or omissions of any contractor, <br />subcontractor, or supplier, or of any of their agents or employees or of any other <br />persons (except Engineer's own employees) at the Project site or otherwise <br />furnishing or performing any construction work; or for any decision made <br />regarding the construction contract requirements, or any application, interpretation, <br />or clarification of the construction contract other than those made by Engineer. <br />F. The general conditions for any construction contract documents prepared hereunder <br />are to be Section 00 72 43, General Conditions from MasterFormat, 2004 edition, <br />as prepared by the Construction Specification Institute (CSI) unless the parties <br />agree otherwise. <br />G. All reports, schedules, drawings, specifications and other products of services of <br />Engineer for this project are instruments of service for this project only and shall <br />remain the property of Engineer until the owner has compensated Engineer in full <br />for services rendered pursuant to the agreement. Upon final payment for each phase <br />of Basic Services and for each separately accepted and authorized proposal for <br />additional services, ownership of the products or instruments of service for said <br />phase or additional services authorized shall be vested in the owner. Engineer, <br />however, may retain record copies of all such instruments of service and may use <br />such for Engineer's exclusive purposes. <br />1. The Engineer's instruments of service have been prepared for very specific <br />purposes and the degree of accuracy and detail of the instruments of service <br />are consistent with those purposes but they may not be useful for other <br />EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. <br />Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 4 <br />