Common use of AUTHORITY OF THE ENGINEER Clause in Contracts

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.

Appears in 3 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

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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.

Appears in 1 contract

Samples: Construction Contract

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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.

Appears in 1 contract

Samples: Construction Contract

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