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-charge. The contractor shall execute, complete and maintain the works in strict accordance with the contract under the directions and to the entire satisfaction of the Engineer-In- Charge and shall comply with and adhere strictly to the Engineer-In-Charge's instructions, and directions on any matter (whether mentioned in the contract or not pertaining to this works) The Engineer-In-Charge shall decide all questions which may arise as to quality and acceptability of materials furnished and work executed, manner of execution, rate of progress of the works, interpretation of the plans and specifications and acceptability of fulfillment of the contractor on the part of the contractor. He shall determine the amount and quality of the work performed and materials furnished and his decision and measurements shall be final. In all such matters and in any technical questions which may arise touching the contract, his decision shall be binding on the contractor. The Engineer-in-charge shall have the power to enforce such decision and orders if the contractor fails to carry them out promptly. If the contractor fails to execute the work ordered by the Engineer- in-charge may give notice to the contractor specifying a reasonable period therein and on the expiry of the period proceed to execute such work as may be deemed necessary and recover the cost thereof from the contractor. In case of any conflict within the specifications, conditions in the Tender Document, the contractor shall bring into notice of Engineer-in-charge immediately whose decision in that regard will befinal.
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. 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:
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.
AUTHORITY OF THE ENGINEER except the RE shall not have authority to use non-Contractor resources to accomplish work when the Contractor fails to respond to orders, the RE may not authorize changes to the Contract Documents. KPG Xxxxxx shall review submittals compliance with the requirements of the Contract for construction. Such review will not relieve the Contractor from their responsibility for performance in accordance with the contract for construction, nor is such review a guarantee that the work covered by the shop drawings, samples, and submittals is free of errors, inconsistencies, or omissions.
