Laserfiche WebLink
9.06 Shop Drawings, Change Orders and Payments <br />A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and <br />Samples, see Paragraph 6.17. <br />B. In connection with Engineer's authority, and limitations thereof, as to design calculations and <br />design drawings submitted in response to a delegation of professional design services, if any, see <br />Paragraph 6.21. <br />C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. <br />D. In connection with Engineer's authority as to Applications for Payment, see Article 14. <br />9.07 Determinations for Unit Price Work <br />A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by <br />Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on <br />such matters before rendering a written decision thereon (by recommendation of an Application <br />for Payment or otherwise). Engineer's written decision thereon will be final and binding (except <br />as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner <br />and Contractor, subject to the provisions of Paragraph 10.05. <br />9.08 Decisions on Requirements of Contract Documents and Acceptability of Work <br />A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge <br />of the acceptability of the Work thereunder. All matters in question and other matters between <br />Owner and Contractor arising prior to the date final payment is due relating to the acceptability of <br />the Work, and the interpretation of the requirements of the Contract Documents pertaining to the <br />performance of the Work, will be referred initially to Engineer in writing within 30 days of the <br />event giving rise to the question. <br />B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If <br />Owner or Contractor believes that any such decision entitles them to an adjustment in the <br />Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date <br />of Engineer's decision shall be the date of the event giving rise to the issues referenced for the <br />purposes of Paragraph 10.05.13. <br />C. Engineer's written decision on the issue referred will be final and binding on Owner and <br />Contractor, subject to the provisions of Paragraph 10.05. <br />D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show <br />partiality to Owner or Contractor and will not be liable in connection with any interpretation or <br />decision rendered in good faith in such capacity. <br />9.09 Limitations on Engineer's Authority and Responsibilities <br />A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of <br />the Contract Documents nor any decision made by Engineer in good faith either to exercise or not <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 39 of 62 <br />