07-E T-Hangar Contract Award - Laserfiche WebLink

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Clarificationsandlnterpretations: : to ENGINEER written notice of intention to appeal from 9.4. ENGINEER wiU issue with reasonable promptness such a decision. such written clarifications or interpretations of the require- taunts of the Contract Documents (in the form of Drawings Decisions on Disputes: or othep, vise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the 9. Il. ENGINEER will be the initial interpreter of the overall intent of the Contract Documents. If CONTRACTOR requirements of the Contract Documents and judge of the believes that a whuen clarification or interpretation justifies acceptability of the Work thereunder. Claims, disputes and an increase in the Contract Price or an extension of thc other matters relating to the acceptability of the Work or the Contract Time and the parties are unable to agree to the interpretation of the requirements of the Contract Documents amount or extent thereof, CONTRACTOR may make a claim pertaining to the performance and furnishing of the Work and therefor as provided in Article 11 or Article 12. claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision Authorized Variations in Work: in accordance with this paragraph, which ENGINEER will 9.5. ENGINEER may authorize minor variations in the render in writing within a reasonable time. Written notice of Work from the requirements of the Contract Documents which each such claim, dispute and other matter will be delivered do not involve an adjustment in the Contract Price or the by the claimant to ENGINEER and the other party to the Contract Time and are consistent with the overall intent of Agreement promptly (but in no eyent later than thirty days) the Contract Documents. These may be accomplished by a after the occurrence of the event giving rise thereto, and Field Order and will be binding on OWNER, and also on written supporting data will be submitted to ENGINEER and CONTRACTOR who shall perform the Work involved theotherpartywithinsixtydaysaftersuchoccurrenceunless promptly. It' CONTRACTOR believes that a Field Order ENGINEER allows an additional period of time to ascertain justifies an increase in the Contract Price or an extension of more accurate data in support of the claim. the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a 9.12. When functioning as interpreter and judge under claim therefor as provided in Article 11 or 12. paragraphs 9.10 and 9. I I, ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in Rejecting Defective Work: good faith in such capacity. The rendering of a decision by 9.6. ENGINEER will have authority to disapprove or ENGINEER porauant to paragraphs 9. I0 and 9.11 with respect reject Work which ENGINEER believes to be defective, and to any such claim, dispute or other matter (except any which willalsohave authoritytorequlrespeeialinspectionor testing have been waived by the making or acceptance of final pay- of the Work as provided in paragraph 13.9, whether or not ment as provided in paragraph 14.16) will be a condition the Work is fabricated, installed or completed, precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Doouments or by Laws or Regulations in respect SlOop Drawings, Change Orders and Payments: of any such claim, dispute or other matter. 9.7 In connection with ENGINEER's responsibility for Shop Drawings and ~amples, see paragraphs 6.23 through 6.28 inclusive. LirnRations on ENGINEER's Responsibilities: 9.13. Neither ENGINEER's authority to act under this 9.8. In connection with ENGINEER's responsibilities as Article 9 or elsewhere in the Contract Documents nor any to Change Orders, see Articles 10, I l and 12. decision made by ENGINEER in good faith either to exemise or not exercise such authority shall give rise to any duty or 9.9. In connection with ENGINEER's responsibilities in responsibility of ENGINEER to CONTRACTOR, any Sub- respect of Applications for Payment, etc., see Article 14. contractor, any Supplier, or any other person or organLzation performing any of the Work, or to any surety for any of them. Determlnatlonsfor Unit Prices: 9.14. Whenever in the Contract Documents the terms"as 9.10. ENGINEER will determine the actual quantities ordered", "as directed", "as required", "as allowed", "as and classifications of Unit Price Work performed by CON- approved' or terms of like effect or import are used, or the TRACTOR. ENGINEER will review with CONTRACTOR adjectives "reasonable", "suitable", "acceptable", ENGINEER's preliminary determinations on such matters or "satisfactory" or adjectives of like effect or import are before rendering a written decision thereon (by recommen- used todescribearequlrement, direction, revieworjudgment dation of an Application for Payment or otherwise). ENGI- of ENGINEER as to the Work, it is intended that such NEER's written decisions thereon will be final and binding requirement, direction, review or judgment will be solely to upon OWNER and CONTRACTOR, unless, within ten days evaluate the Work for compliance with the Contract Doou- after the date of any such decision, either OWNER or CON- taunts (unless there is a specific statement indicating o~her- TRACTOR delivers to the other party to the Agreement and wise). The use of any such ten'n or adjective shall not be