ENGINEER’S AUTHORITY AND DUTY Clause Samples

ENGINEER’S AUTHORITY AND DUTY. It is mutually agreed between the Parties to this Contract that: Engineer will act as Owner’s representative during the construction of the Project, and that no act or omission on the part of Engineer, the Engineer’s subordinates or representatives, will excuse Contractor from full and proper performance of this Contract according to its terms, or give rise to any liability or obligation from Engineer to Contractor. All authority and rights assigned by the Owner to the Engineer with respect to the Work are solely and exclusively for the benefit of the Owner and not for the Contractor. The Engineer shall have no liability to Contractor under these Contract Documents in the absence of actual fraud. To prevent delays and disputes and to discourage litigation, it is further agreed by and between the parties to the Contract that, if it cannot be otherwise agreed, Engineer shall in all cases determine the amounts and quantities of the several kinds of Work, which are to be paid for under this Contract, and shall determine all questions in relation to said Work and the construction thereof, and shall in all cases decide every question which may arise relative to the performance of this Contract on the part of Contractor; provided, however, that should Engineer render any decision or make any requirement which, in the opinion of either party hereto, is not in accordance with the meaning and intent of this Contract, either party may file with Engineer within 30 calendar days a written objection to the decision or requirement so rendered. Contractor’s failure to object to Engineer’s decision or requirement within such 30 calendar days shall be deemed Contractor’s agreement with such decision or requirement and constitute a waiver of any right of Contractor to additional time, compensation or damages as a result of such decision or requirement. It is the intent of this Contract that there shall be no delay in the performance of the Work. To this end, the decision or requirement of Engineer shall be promptly carried out. Engineer shall, within a reasonable time or as otherwise required in the Contract Documents, render and deliver to both Owner and Contractor a written decision on all claims of the parties hereto and on all questions that may arise relative to the execution of the Work or the interpretation of the Contract, Technical Specifications, or Plans.