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Contract Documents Committee (EJCDC C-700, 2007 Edition) unless both parties mutually agree
<br />to use other general conditions by specific reference in Exhibit J.
<br />H. Engineer shall not at any time supervise, direct, control, or have authority over any contractor work,
<br />nor shall Engineer have authority over or be responsible for the means, methods, techniques,
<br />sequences, or procedures of construction selected or used by any contractor, or the safety
<br />precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a
<br />contractor to comply with Laws and Regulations applicable to such contractor's furnishing and
<br />performing of its work.
<br />I. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any
<br />Contractor's failure to furnish and perform the Work in accordance with the Contract Documents.
<br />J. Engineer shall not provide or have any responsibility for surety bonding or insurance -related advice,
<br />recommendations, counseling, or research, or enforcement of construction insurance or surety
<br />bonding requirements.
<br />K. Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor, or
<br />Supplier, or of any of their agents or employees or of any other persons (except Engineer's own
<br />agents, employees, and Consultants) at the Site or otherwise furnishing or performing any Work;
<br />or for any decision made regarding the Contract Documents, or any application, interpretation, or
<br />clarification, of the Contract Documents, other than those made by Engineer.
<br />L. While at the Site, Engineer's employees and representatives shall comply with the specific
<br />applicable requirements of Contractor's and Owner's safety programs of which Engineer has been
<br />informed in writing.
<br />6.02 Design Without Construction Phase Services
<br />A. Engineer shall be responsible only for those Construction Phase services expressly required of
<br />Engineer in Exhibit A, Paragraph A1.05. With the exception of such expressly required
<br />services, Engineer shall have no design, Shop Drawing review, or other obligations during
<br />construction and Owner assumes all responsibility for the application and interpretation of the
<br />Contract Documents, review and response to Contractor claims, contract administration, processing
<br />Change Orders, revisions to the Contract Documents during construction, construction surety
<br />bonding and insurance requirements, construction observation and review, review of payment
<br />applications, and all other necessary Construction Phase engineering and professional services.
<br />Owner waives all claims against the Engineer that may be connected in any way to Construction
<br />Phase engineering or professional services except for those services that are expressly required of
<br />Engineer in Exhibit A, Paragraph A1.05.
<br />6.03 Use of Documents
<br />A. The Owner acknowledges the Engineer's construction documents, including all electronic
<br />files, as instruments of professional services. Nevertheless, the final construction documents,
<br />including all electronic files, prepared under this agreement shall become the property of the
<br />Owner upon completion of services and payment in full of all monies due to the Engineer. The
<br />Owner shall not reuse or make any modification to the construction documents without the
<br />prior written authorization of the Engineer. All r,,,,.,,m ents o rs#..,m en4s fsoM,:
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<br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services
<br />Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved.
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