Common use of Instructions of the Employer’s Engineer Clause in Contracts

Instructions of the Employer’s Engineer. 18.4.1 The Employer’s Engineer may issue to the Contractor instructions for remedying any Defect. The Contractor shall take such instructions from the Employer’s Engineer, or from an assistant to whom appropriate authority has been delegated under Clause 18.3. 18.4.2 The instructions issued by the Employer’s Engineer shall be in writing. However, if the Employer’s Engineer issues any oral instructions to the Contractor, it shall confirm in writing the oral instructions within 2 (two) working days of issuing them. 18.4.3 In case the Contractor does not receive the confirmation of the oral instruction within the time specified in Clause 18.4.2, the Contractor shall seek the written confirmation of the oral instructions from the Employer’s Engineer. The Contractor shall obtain acknowledgement from the Employer’s Engineer of the communication seeking written confirmation. In case of failure of the Employer’s Engineer or its delegated assistant to reply to the Contractor within 2 (two) days of the receipt of the communication from the Contractor, the Contractor may not carry out the instruction. 18.4.4 In case of any dispute on any of the instructions issued by the delegated assistant, the Contractor may refer the dispute to the Employer’s Engineer, who shall then confirm, reverse or vary the instructions within 3 (three) business days of the dispute being referred.

Appears in 2 contracts

Samples: Epc Agreement, Contract Agreement for Design and Construction

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Instructions of the Employer’s Engineer. 18.4.1 The Employer’s Employer‟s Engineer may issue to the Contractor instructions for remedying any Defect. The Contractor shall take such instructions from the Employer’s Employer‟s Engineer, or from an assistant to whom appropriate authority has been delegated under Clause 18.3. 18.4.2 The instructions issued by the Employer’s Employer‟s Engineer shall be in writing. However, if the Employer’s Employer‟s Engineer issues any oral instructions to the Contractor, it shall confirm in writing the oral instructions within 2 (two) working days of issuing them. 18.4.3 In case the Contractor does not receive the confirmation of the oral instruction within the time specified in Clause 18.4.2, the Contractor shall seek the written confirmation of the oral instructions from the Employer’s Employer‟s Engineer. The Contractor shall obtain acknowledgement from the Employer’s Employer‟s Engineer of the communication seeking written confirmation. In case of failure of the Employer’s Employer‟s Engineer or its delegated assistant to reply to the Contractor within 2 (two) days of the receipt of the communication from the Contractor, the Contractor may not carry out the instruction. 18.4.4 In case of any dispute on any of the instructions issued by the delegated assistant, the Contractor may refer the dispute to the Employer’s Employer‟s Engineer, who shall then confirm, reverse or vary the instructions within 3 (three) business days of the dispute being referred.

Appears in 1 contract

Samples: Epc Agreement

Instructions of the Employer’s Engineer. 18.4.1 The Employer’s Engineer may issue to the Contractor instructions for remedying any Defect. The Contractor shall take such instructions from the Employer’s Engineer, or from an assistant to whom appropriate authority Authority has been delegated under Clause 18.3. 18.4.2 The instructions issued by the Employer’s Engineer shall be in writingwriting (email communication need to be followed by a formal letter). However, if the Employer’s Engineer issues any oral instructions to the Contractor, it shall confirm in writing the oral instructions within 2 (two) working days of issuing them. 18.4.3 In case the Contractor does not receive the confirmation of the oral instruction within the time specified in Clause 18.4.2, the Contractor shall seek the written confirmation of the oral instructions from the Employer’s Engineer. The Contractor shall obtain acknowledgement acknowledgment from the Employer’s Engineer of the communication seeking written confirmation. In case of failure of the Employer’s Engineer or its delegated assistant to reply to the Contractor within 2 (two) days of the receipt of the communication from the Contractor, the Contractor may not carry out the instruction. 18.4.4 In case of any dispute Dispute on any of the instructions issued by the delegated assistant, the Contractor may refer the dispute Dispute to the Employer’s Engineer, who shall then confirm, reverse or vary the instructions within [3 (three) )] business days of the dispute Dispute being referred.

Appears in 1 contract

Samples: Epc Contract

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Instructions of the Employer’s Engineer. 18.4.1 The Employer’s Engineer may issue to the Contractor instructions for remedying any Defect. The Contractor shall take such instructions from the Employer’s Engineer, or from an assistant to whom appropriate authority has been delegated under Clause 18.3. 18.4.2 The instructions issued by the Employer’s Engineer shall be in writing. However, if the Employer’s Engineer issues any oral instructions to the Contractor, it shall confirm in writing the oral instructions within 2 (two) working days of issuing them. 18.4.3 In case the Contractor does not receive the confirmation of the oral instruction within the time specified in Clause 18.4.2, the Contractor shall seek the written confirmation of the oral instructions from the Employer’s Engineer. The Contractor shall obtain acknowledgement from the Employer’s Engineer of the communication seeking written confirmation. In case of failure of the Employer’s Engineer or its delegated assistant to reply to the Contractor within 2 (two) days of the receipt of the communication from the Contractor, the Contractor may not carry out the instruction. 18.4.4 In case of any dispute on any of the instructions issued by the delegated assistant, the Contractor may refer the dispute to the Employer’s Engineer, who shall then confirm, reverse or vary the instructions within 3 (three) business days of the dispute being referred.

Appears in 1 contract

Samples: Demonstration Agreement

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