The Engineer Sample Clauses
The Engineer. In-Charge may give a written notice; cancel/terminate the contract in default and debar the contractor for minimum one year from participating in future bidding. Further, when subsidiary decides to cancel/terminate the contract as above, it shall be dealt as per guidelines for Special Purpose Limited Tender (SPLT) till new tender is awarded. The approving authority shall be TAA or CMD, if originally awarded by CFDs/CMD or Board.
The Engineer. In-Charge shall decide all questions which may arise as to quality and acceptability of materials furnished and work executed, manner of execution, rate of progress of the works, interpretation of the plans and specifications and acceptability of fulfillment of the contract on the part of the contractor. He shall determine the amount and quality of the work performed and materials furnished and his decision and measurements shall be final. In all such matters and in any technical questions which may arise touching the contract, his decision shall be binding on the contractor.
The Engineer in-Charge shall decide whether and by how much to extend the Intended Completion Date within 21 days of the Contractor asking the Engineer for a decision upon the effect of a Variation and submitting full supporting information. If the Contractor has failed to give early warning of a delay or has failed to cooperate in dealing with a delay, the delay by this failure shall not be considered in assessing the new Intended Completion Date.
The Engineer. Resident Engineer/Project Manager shall issue a written determination of Substantial Completion with respect to such part of the Work;
The Engineer. (a) shall issue instructions which in his opinion are necessary for the execution of the Works; and
(b) may issue any other instruction which in his opinion is desirable in connection with the Works and/or the Project, provided that (except as required by any other provision of the Contract) the Engineer shall not be obliged to issue any instruction relating to any matter which, in his opinion, is the responsibility of the Contractor under the Contract in the absence of the instruction.
The Engineer in-charge shall have full authority to depute workmen on the work site to execute other works not included in the contract. The contractor shall afford every reasonable facility, during working hours, to enable such workmen to carry out the other works provided that such works shall be carried out in such manner as not to impede the progress of the work included in the contract. The contractor, however, shall not be liable for any damage which may happen to such other works, provided he complies with the instructions in connection therewith and provided that the damage is not caused by the contractor or his workmen.
The Engineer. Employer shall appoint the Engineer who shall carry out the duties assigned to Authority him in the Contract. The Engineer’s staff shall include suitably qualified engineers and other professionals who are competent to carry out these duties.
The Engineer. The Project has been designed by ESG Engineering, Inc. (hereinafter referred to as the “Engineer”). The Engineer is to act as the Owner’s representative with respect to the Project, and shall assume all duties and responsibilities and have the rights and authority assigned to the Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.
The Engineer. 2.01 Engineer in the administration of this Contract and any references to the Engineer or the Professional shall be deemed to J. Xxxxx Xxxxxxx, P.E., Hernando County Department of Public Works, for the plans and specifications. Xxxxx Xxxxxx, Hernando County Department of Public Works, Or J. Xxxxx Xxxxxxx, P.E., Hernando County Department of Public Works will act as the Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the work in accordance with their respective scope of work and the Contract Documents.
The Engineer. The Employer shall appoint the Engineer who shall carry out the duties assigned to him in the Contract. The Engineer’s staff shall include suitably qualified engineers and other professionals who are competent to carry out these duties. The Engineer shall have no authority to amend the Contract. The Engineer may exercise the authority attributable to the Engineer as specified in or necessarily to be implied from the Contract. If the Engineer is required to obtain the approval of the Employer before exercising a specified authority, the requirements shall be as stated in the Particular Conditions. The Employer shall promptly inform the Contractor of any change to the authority attributed to the Engineer. However, whenever the Engineer exercises a specified authority for which the Employer’s approval is required, then (for the purposes of the Contract) the Employer shall be deemed to have given approval. Except as otherwise stated in these Conditions:
(a) whenever carrying out duties or exercising authority, specified in or implied by the Contract, the Engineer shall be deemed to act for the Employer;
(b) the Engineer has no authority to relieve either Party of any duties, obligations or responsibilities under the Contract;
(c) any approval, check, certificate, consent, examination, inspection, instruction, notice, proposal, request, test, or similar act by the Engineer (including absence of disapproval) shall not relieve the Contractor from any responsibility he has under the Contract, including responsibility for errors, omissions, discrepancies and non- compliances; and
(d) any act by the Engineer in response to a Contractor’s request except as otherwise expressly specified shall be notified in writing to the Contractor within 28 days of receipt. The following provisions shall apply: The Engineer shall obtain the specific approval of the Employer before taking action under the-following Sub-Clauses of these Conditions:
(a) Sub-Clause 4.12: agreeing or determining an extension of time and/or additional cost.
(b) Sub-Clause 13.1: instructing a Variation, except;
(i) in an emergency situation as determined by the Engineer, or
(ii) if such a Variation would increase the Accepted Contract Amount by less than the percentage specified in the Contract Data.
(c) Sub-Clause 13.3: Approving a proposal for Variation submitted by the Contractor in accordance with Sub Clause 13.1 or 13.2.