AUTHORITY OF THE ENGINEER. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. The Engineer shall decide all questions which may arise as to the interpretation of the specifications or plans relating to the work, the fulfillment of the contract on the part of the Contractor, and the rights of different Contractors on the project. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. For AIP contracts, the Engineer does not have the authority to accept pavements that do not conform to FAA specification requirements.
AUTHORITY OF THE ENGINEER. 6.1 All work shall be performed in a good and workmanlike manner and to the satisfaction of the Engineer. The Engineer shall decide all questions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, sequence of the construction, interpretation of the plans and specifications, acceptable fulfillment of the Contract, compensation, mutual rights between contractors under these specifications and suspension of the Work. He shall determine the amount and quality of work performed and materials furnished, and his decisions and estimates shall be final. His estimate in such event shall be a condition precedent to the right of the CONTRACTOR to receive money due him under the Contract.
AUTHORITY OF THE ENGINEER. In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret the plans, specifications, contract documents and any extra work orders and shall decide all other questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeration herein or else-where in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engineer shall control, or in which work shall be performed to his satisfaction or subject to his approval, or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed, but without exception all the work shall be governed and so performed. Nothing herein shall be construed to give the Contractor a claim for extra work unless prior thereto an appropriate Change Order has been executed by the TOWN DISTRICT and Contractor for such work.
AUTHORITY OF THE ENGINEER in-charge.
AUTHORITY OF THE ENGINEER. The Director, Office of Maintenance will decide all questions, difficulties, and disputes, of whatever nature, that may arise relative to the interpretation of the plans, construction, prosecution, and fulfillment of the Contract, and as to the character, quality, amount, and value of any work done, and materials furnished, under or by reason of the Contract.
AUTHORITY OF THE ENGINEER. The Engineer shall in all cases decide every question of an engineering nature which may arise relating to the quality and acceptability of materials furnished and Work performed, the manner of performance and the rate of progress of the Work. The Engineer shall also decide all questions which may arise as to the interpretation of the Plans and Specifications, and any questions involving coordination of various aspects of the Work in the Project between different Contractors. The administration, inspection, assistance and actions by the Engineer shall not relieve the Contractor from any of his responsibilities or obligations under the Contract. The Contractor shall not request or require the Engineer to undertake such supervisory control or to administrate, to supervise, to inspect, to assist, or to act in any manner so as to relieve the Contractor of his responsibilities or obligations. The presence of the Engineer on the Project shall in no way relieve the Contractor of his obligation to conform to the Local, State and Federal regulations which govern safety requirements on the Project as specified in Subsection 106.10, titled “Patented Devices, Materials and Processes.” This section shall in no way diminish the liability of the Engineer to the County. The County, at its discretion, may claim against the Contractor and/or the Engineer should there be a question as to liability for improper and/or incomplete performance of the Work.
AUTHORITY OF THE ENGINEER. The Engineer for this project shall be the Division Engineer, Division 2, Division of Highways, North Carolina Department of Transportation, acting directly or through his duly authorized representatives. The Engineer will decide all questions which may arise as to the quality and acceptability of work performed and as to the rate of progress of the work; all questions which may arise as to the interpretation of the contract; and all questions as to the acceptable fulfillment of the contract on the part of the Contractor. His decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly.
AUTHORITY OF THE ENGINEER. The Engineer shall be satisfied that all the Work is being done in accordance with the requirements of the Contract. The Contract and Specifications give the Engineer authority over the Work. Whenever it is so provided in this Contract, the decision of the Engineer shall be final: provided, however, that if an action is brought within the time allowed in this Contract challenging the Engineer’s decision, that decision shall be subject to the scope of judicial review provided in such cases under Washington case law. The Engineer’s decisions will be final on all questions including, but not limited to, the following:
1. Quality and acceptability of materials and Work,
2. Measurement of unit price Work,
AUTHORITY OF THE ENGINEER. A. The Engineer shall be the sole judge of the intent and meaning of the Drawings and Specifications and his decisions thereon and his interpretation thereof shall be final, conclusive and binding on all parties.
B. The Engineer shall be the Owner's representative during the life of the Contract and he shall observe the Work in progress on behalf of the Owner. He shall have authority (1) to act on behalf of the Owner to the extent expressly provided in the Contract or otherwise in writing; (2) to determine the amount, quality, acceptability and fitness of all work, materials and equipment required by the Contract; and (3) to decide all questions which arise in relation to the Work, the execution thereof, and the fulfillment of the Contract.
C. The Contractor shall proceed without delay to perform the work as directed, instructed, determined or decided by the Engineer and shall comply promptly with such directions, instructions, determinations or decisions. If the Contractor has any objection thereto he may, within ten (10) days of having received any such direction, instruction, determination or decision, require that any such direction, instruction, determination or decision be put in writing and within ten (10) days after receipt of any such writing he may file a written protest with the Owner stating clearly and in detail his objections, the reasons therefor, and the nature and amount of additional compensation, if any, to which he claims he will be entitled thereby. A copy of such protest shall be filed with the Engineer at the same time it is filed with the Owner. Unless the Contractor requires that any such direction, instruction, determination or decision be put in writing within ten
AUTHORITY OF THE ENGINEER in-charge.
1.1 Authorities of the Engineer-in-charge's Representative:
1.2 The duties of the representative of the Engineer-in-charge are to watch and supervise the work and to test and examine and materials to be used for workmanship employed in connection with the works.
