Common use of Authority of Department Clause in Contracts

Authority of Department. During prosecution of the Work, the Department will answer all questions that may arise as to the quantity, quality, and acceptability of Materials furnished and work performed; rate of progress of the Work; interpretation of the Contract Documents; the Design-Builder’s acceptable fulfillment of the Contract; disputes and mutual rights between contractors; and the Design-Builder’s compensation. The Department has the authority to suspend the Work wholly or in part if the Design-Builder has created conditions that are unsafe or fails to correct conditions that are unsafe for workers or the general public or fails to carry out the provisions of the Contract. The Department may also suspend the Work for such periods as it may deem necessary because of catastrophic or extraordinary weather as defined in Section 108.04, conditions considered unsuitable for prosecution of the Work, or any other condition or reason deemed to be in the public interest. The Department may issue written clarifications or directives that either enhance or alter the Contract. The Department may issue written orders for such work as may be necessary to complete the Contract satisfactorily.

Authority of Department. During prosecution of the Work, the Department will answer all questions that may arise as to the quantity, quality, and acceptability of Materials furnished and work performed; rate of progress of the Work; interpretation of the Contract Documents; acceptable fulfillment of the Contract by the Design-Builder’s acceptable fulfillment of the Contract; disputes and mutual rights between contractors; and the Design-Builder’s compensation. The Department has the authority to suspend the Work wholly or in part if the Design-Builder has created conditions that are unsafe or fails to correct conditions that are unsafe for workers or the general public or fails to carry out the provisions of the Contract. The Department may also suspend the Work for such periods as it may deem necessary because of catastrophic or extraordinary weather as defined in accordance with the definition of such in Section 108.04, conditions considered unsuitable for prosecution of the Work, or any other condition or reason deemed to be in the public interest. The Department may issue written clarifications or directives that either enhance or alter the ContractContract Documents. The Department may issue written orders for order such work as may be necessary to complete the Contract satisfactorily.