Non-reviewable Matters. If a submitted matter in question concerns the Engineer’s performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (1) the performance or acceptability of the Work under the Construction Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation.
Appears in 14 contracts
Samples: Professional Services, Professional Services, Owner Engineer Agreement
Non-reviewable Matters. If a submitted matter in question concerns the Engineer’s performance of its duties and obligations, or terms and conditions of the Construction Contract Documents that do not involve (1a) the performance or acceptability of the Work under the Construction Contract Documents, (2b) the design (as set forth in the Drawings, Specifications, or otherwise), or (3c) other engineering or technical matters, then Engineer will promptly give written notice to Owner and Contractor that Engineer will not provide a decision or interpretation.
Appears in 4 contracts
Samples: Engineering Services Agreement, Proposed Agreement for Engineering Services, Agreement for Engineering and Architectural Services
