Common use of Authority’s Engineer Clause in Contracts

Authority’s Engineer. 18.1 Appointment of the Authority’s Engineer (i) The Authority shall appoint a firm of Consulting Engineers or a Project Monitoring Committee (PMC) substantially in accordance with the selection criteria set forth in Schedule-N, to be the engineer under this Agreement (the “Authority’s Engineer”). In unavoidable circumstances, Authority may appoint an officer to act as Authority’s Engineer until appointment of a Consulting Engineering firm/ Supervision Consultant/ PMC. (ii) The officer in-charge of the Authority (e.g. PD/ RO/ CGM/ Member in the case of NHAI; RO/CE/ADG in the case of MoRTH projects executed through the State PWDs; and PD/ED/Director in the case of NHIDCL) is responsible for the overall supervision and monitoring of the execution of project as the representative of the owner of the project. The Authority's Engineer is appointed to assist the Authority for carrying out the functions as detailed under clause 18.2. As such, an officer of the Authority is vested with all such powers and responsibilities as are enjoined upon the Authority's Engineer and is fully competent to issue any instructions for proper monitoring and supervision of the project, either by himself or through the Authority's Engineer. Instructions issued by the concerned officer of the Authority shall have the same effect as that of the Authority's Engineer in terms of this Agreement. Wherever such concerned officer issues any instructions or notice to the Contractor, he shall endorse a copy thereof to the Authority's Engineer. (iii) The Authority’s Engineer should be appointed within 10 days from the date of this Agreement or before declaration of Appointed Date, whichever is earlier. The Authority shall notify the appointment or replacement of the Authority’s Engineer to the Contractor. (iv) The staff of the Authority’s Engineer shall include suitably qualified engineers and other professionals who are competent to assist the Authority’s Engineer to carry out its duties. 18.2 Duties and authority of the Authority’s Engineer (i) The Authority’s Engineer shall perform the duties and exercise the authority in accordance with the provisions of this Agreement and substantially in accordance with the terms of reference (“Terms of Reference” or “TOR”) set forth in Annexure-I of Schedule N, but subject to obtaining prior written approval of the Authority before determining: (a) any Time Extension; (b) any additional cost to be paid by the Authority to the Contractor; (c) the Termination Payment; (d) issuance of Completion Certificate; or (e) any other matter which is not specified in (a), (b), (c) or (d) above and which creates financial liability on either Party. (ii) No decision or communication of the Authority’s Engineer shall be effective or valid unless it is accompanied by an attested true copy of the approval of the Authority for and in respect of any matter specified in Clause 18.2 (i). (iii) The Authority’s Engineer shall submit regular periodic reports, at least once every month, to the Authority in respect of its duties and functions under this Agreement. Such reports shall be submitted by the Authority’s Engineer within 10 (ten) days of the beginning of every month. For the avoidance of doubt, the Authority’s Engineer shall include in its report, compliance of the recommendations of the Safety Consultant.

Authority’s Engineer. 18.1 Appointment of the Authority’s Engineer (i) The Authority shall appoint a firm of Consulting Engineers or a Project Monitoring Committee (PMC) substantially in accordance with the selection criteria set forth in Schedule-N, to be the engineer under this Agreement (the “Authority’s Engineer”). In unavoidable circumstances, Authority may appoint an officer to act as Authority’s Engineer until appointment of a Consulting Engineering firm/ Supervision Consultant/ PMC. (ii) The officer in-charge of the Authority (e.g. PD/ RO/ CGM/ Member in the case of NHAI; RO/CE/ADG in the case of MoRTH projects executed through the State PWDs; and PD/ED/Director in the case of NHIDCLManaging Director, KRDCL) is responsible for the overall supervision and monitoring of the execution of project as the representative of the owner of the project. The Authority's Engineer is appointed to assist the Authority for carrying out the functions as detailed under clause 18.2. As such, an officer of the Authority is vested with all such powers and responsibilities as are enjoined upon the Authority's Engineer and is fully competent to issue any instructions for proper monitoring and supervision of the project, either by himself or through the Authority's Engineer. Instructions issued by the concerned officer of the Authority shall have the same effect as that of the Authority's Engineer in terms of this Agreement. Wherever such concerned officer issues any instructions or notice to the Contractor, he shall endorse a copy thereof to the Authority's Engineer. (iii) The Authority’s Engineer should be appointed within 10 days from the date of this Agreement or before declaration of Appointed Date, whichever is earlier. The Authority shall notify the appointment or replacement of the Authority’s Engineer to the Contractor. (iv) The staff of the Authority’s Engineer shall include suitably qualified engineers and other professionals who are competent to assist the Authority’s Engineer to carry out its duties. 18.2 Duties and authority of the Authority’s Engineer (i) The Authority’s Engineer shall perform the duties and exercise the authority in accordance with the provisions of this Agreement and substantially in accordance with the terms of reference (“Terms of Reference” or “TOR”) set forth in Annexure-I of Schedule N, but subject to obtaining prior written approval of the Authority before determining: (a) any Time Extension; (b) any additional cost to be paid by the Authority to the Contractor; (c) the Termination Payment; (d) issuance of Completion Certificate; or (e) any other matter which is not specified in (a), (b), (c) or (d) above and which creates financial liability on either Party. (ii) No decision or communication of the Authority’s Engineer shall be effective or valid unless it is accompanied by an attested true copy of the approval of the Authority for and in respect of any matter specified in Clause 18.2 (i). (iii) The Authority’s Engineer shall submit regular periodic reports, at least once every month, to the Authority in respect of its duties and functions under this Agreement. Such reports shall be submitted by the Authority’s Engineer within 10 (ten) days of the beginning of every month. For the avoidance of doubt, the Authority’s Engineer shall include in its report, compliance of the recommendations of the Safety Consultant.

Authority’s Engineer. 18.1 Appointment of the Authority’s Engineer (i) The Authority shall appoint a firm of Consulting Engineers or a Project Monitoring Committee (PMC) substantially in accordance with the selection criteria set forth in Schedule-Schedule- N, to be the engineer under this Agreement (the “Authority’s Engineer”). In unavoidable circumstances, Authority may appoint an officer to act as Authority’s Engineer until appointment of a Consulting Engineering firm/ Supervision Consultant/ PMC. (ii) The officer in-charge of the Authority (e.g. PD/ RO/ CGM/ Member in the case of NHAI; RO/CE/ADG in the case of MoRTH projects executed through the State PWDs; and PD/ED/Director in the case of NHIDCLXXXXXX) is responsible for the overall supervision and monitoring of the execution of project as the representative of the owner of the project. The Authority's Engineer is appointed to assist the Authority for carrying out the functions as detailed under clause 18.2. As such, an officer of the Authority is vested with all such powers and responsibilities as are enjoined upon the Authority's Engineer and is fully competent to issue any instructions for proper monitoring and supervision of the project, either by himself or through the Authority's Engineer. Instructions issued by the concerned officer of the Authority shall have the same effect as that of the Authority's Engineer in terms of this Agreement. Wherever such concerned officer issues any instructions or notice to the Contractor, he shall endorse a copy thereof to the Authority's Engineer. (iii) The Authority’s Engineer should be appointed within 10 days from the date of this Agreement or before declaration of Appointed Date, whichever is earlier. The Authority shall notify the appointment or replacement of the Authority’s Engineer to the Contractor. (iv) The staff of the Authority’s Engineer shall include suitably qualified engineers and other professionals who are competent to assist the Authority’s Engineer to carry out its duties. 18.2 Duties and authority of the Authority’s Engineer (i) The Authority’s Engineer shall perform the duties and exercise the authority in accordance with the provisions of this Agreement and substantially in accordance with the terms of reference (“Terms of Reference” or “TOR”) set forth in Annexure-I of Schedule N, but subject to obtaining prior written approval of the Authority before determining: (a) any Time Extension; (b) any additional cost to be paid by the Authority to the Contractor; (c) the Termination Payment; (d) issuance of Completion Certificate; or (e) any other matter which is not specified in (a), (b), (c) or (d) above and which creates financial liability on either Party. (ii) No decision or communication of the Authority’s Engineer shall be effective or valid unless it is accompanied by an attested true copy of the approval of the Authority for and in respect of any matter specified in Clause 18.2 (i). (iii) The Authority’s Engineer shall submit regular periodic reports, at least once every month, to the Authority in respect of its duties and functions under this Agreement. Such reports shall be submitted by the Authority’s Engineer within 10 (ten) days of the beginning of every month. For the avoidance of doubt, the Authority’s Engineer shall include in its report, compliance of the recommendations of the Safety Consultant.

Authority’s Engineer. ‌ 18.1 Appointment of the Authority’s Engineer (i) The Authority shall appoint a firm of Consulting Engineers or a Project Monitoring Committee (PMC) substantially in accordance with the selection criteria set forth in Schedule-N, to be the engineer under this Agreement (the “Authority’s Engineer”). In unavoidable circumstances, Authority may appoint an officer to act as Authority’s Engineer until appointment of a Consulting Engineering firm/ Supervision Consultant/ PMC. (ii) The officer in-charge of the Authority (e.g. PD/ RO/ CGM/ Member in the case of NHAI; RO/CE/ADG in the case of MoRTH projects executed through the State PWDs; and PD/ED/Director in the case of NHIDCLManaging Director, KRDCL) is responsible for the overall supervision and monitoring of the execution of project as the representative of the owner of the project. The Authority's Engineer is appointed to assist the Authority for carrying out the functions as detailed under clause 18.2. As such, an officer of the Authority is vested with all such powers and responsibilities as are enjoined upon the Authority's Engineer and is fully competent to issue any instructions for proper monitoring and supervision of the project, either by himself or through the Authority's Engineer. Instructions issued by the concerned officer of the Authority shall have the same effect as that of the Authority's Engineer in terms of this Agreement. Wherever such concerned officer issues any instructions or notice to the Contractor, he shall endorse a copy thereof to the Authority's Engineer. (iii) The Authority’s Engineer should be appointed within 10 days from the date of this Agreement or before declaration of Appointed Date, whichever is earlier. The Authority shall notify the appointment or replacement of the Authority’s Engineer to the Contractor. (iv) The staff of the Authority’s Engineer shall include suitably qualified engineers and other professionals who are competent to assist the Authority’s Engineer to carry out its duties. 18.2 Duties and authority of the Authority’s Engineer (i) The Authority’s Engineer shall perform the duties and exercise the authority in accordance with the provisions of this Agreement and substantially in accordance with the terms of reference (“Terms of Reference” or “TOR”) set forth in Annexure-I of Schedule N, but subject to obtaining prior written approval of the Authority before determining: (a) any Time Extension; (b) any additional cost to be paid by the Authority to the Contractor; (c) the Termination Payment; (d) issuance of Completion Certificate; or (e) any other matter which is not specified in (a), (b), (c) or (d) above and which creates financial liability on either Party. (ii) No decision or communication of the Authority’s Engineer shall be effective or valid unless it is accompanied by an attested true copy of the approval of the Authority for and in respect of any matter specified in Clause 18.2 (i). (iii) The Authority’s Engineer shall submit regular periodic reports, at least once every month, to the Authority in respect of its duties and functions under this Agreement. Such reports shall be submitted by the Authority’s Engineer within 10 (ten) days of the beginning of every month. For the avoidance of doubt, the Authority’s Engineer shall include in its report, compliance of the recommendations of the Safety Consultant.

Authority’s Engineer. 18.1 Appointment of the Authority’s Engineer (i) The Authority shall appoint a firm of Consulting Engineers or a Project Monitoring Committee (PMC) substantially in accordance with the selection criteria set forth in Schedule-Schedule- N, to be the engineer under this Agreement (the “Authority’s Engineer”). In unavoidable circumstances, Authority may appoint an officer to act as Authority’s Engineer until appointment of a Consulting Engineering firm/ Supervision Consultant/ PMC. (ii) The officer in-charge of the Authority (e.g. PD/ RO/ CGM/ Member in the case of NHAI; RO/CE/ADG in the case of MoRTH projects executed through the State PWDs; and PD/ED/Director in the case of NHIDCL) is responsible for the overall supervision and monitoring of the execution of project as the representative of the owner of the project. The Authority's Engineer is appointed to assist the Authority for carrying out the functions as detailed under clause 18.2. As such, an officer of the Authority is vested with all such powers and responsibilities as are enjoined upon the Authority's Engineer and is fully competent to issue any instructions for proper monitoring and supervision of the project, either by himself or through the Authority's Engineer. Instructions issued by the concerned officer of the Authority shall have the same effect as that of the Authority's Engineer in terms of this Agreement. Wherever such concerned officer issues any instructions or notice to the Contractor, he shall endorse a copy thereof to the Authority's Engineer. (iii) The Authority’s Engineer should be appointed within 10 days from the date of this Agreement or before declaration of Appointed Date, whichever is earlier. The Authority shall notify the appointment or replacement of the Authority’s Engineer to the Contractor. (iv) The staff of the Authority’s Engineer shall include suitably qualified engineers and other professionals who are competent to assist the Authority’s Engineer to carry out its duties. 18.2 Duties and authority of the Authority’s Engineer (i) The Authority’s Engineer shall perform the duties and exercise the authority in accordance with the provisions of this Agreement and substantially in accordance with the terms of reference (“Terms of Reference” or “TOR”) set forth in Annexure-I of Schedule N, but subject to obtaining prior written approval of the Authority before determining: (a) any Time Extension; (b) any additional cost to be paid by the Authority to the Contractor; (c) the Termination Payment; (d) issuance of Completion Certificate; or (e) any other matter which is not specified in (a), (b), (c) or (d) above and which creates financial liability on either Party. (ii) No decision or communication of the Authority’s Engineer shall be effective or valid unless it is accompanied by an attested true copy of the approval of the Authority for and in respect of any matter specified in Clause 18.2 (i). (iii) The Authority’s Engineer shall submit regular periodic reports, at least once every month, to the Authority in respect of its duties and functions under this Agreement. Such reports shall be submitted by the Authority’s Engineer within 10 (ten) days of the beginning of every month. For the avoidance of doubt, the Authority’s Engineer shall include in its report, compliance of the recommendations of the Safety Consultant.