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<br />9.4 ENGINEERS STATUS - CONT. <br /> <br />His efforts will be directed toward providing assurance for the Owner <br />that the completed project will conform to the requirements of the <br />Contract Documents, but he will not be responsible for the Contractor's <br />failure to perform the work in accordance with the Contract Documents. <br />Bas~d on his on-site observation as an experienced and qualified <br />professional, he will keep the Owner informed of the progress of the <br />work and will endeavor to guard the Owner against defects and deficiencies <br />in the work of Contractors. <br /> <br />The Engineer will have the authority to disapprove of or reject work <br />which is defective and does not conform to the requirements of the <br />Contract Documents or does not meet the requirements of any inspection, <br />test or approval referred to in the Documents. He will also have <br />authority to require special inspection or testing of the work whether <br />or not the work is fabricated, installed or completed. <br /> <br />If the Owner and the Engineer agree, the Engineer will provide one or <br />more full time Resident Project Representatives to assist the Engineer <br />in carrying out his responsibilities at the site. <br /> <br />Neither the Engineer's authority to act under this Section nor any ~. <br />decision made by him in good faith either to exercise or not to exercise <br />such authority shall give rise to any duty or responsibility of the <br />Engineer to the Contractor, any Subcontractor, any of their agents or <br />employees, or any other person performing any of the work. <br /> <br />The Engineer or his representative will not be responsible for the acts <br />and omissions of the Contractor, or any Subcontractor, or any of his or <br />their agents or employees, or any persons performing the work. <br /> <br />9.5 ENGINEERS INTERPRETATIONS & DECISIONS <br /> <br />The Engineer will be the initial interpreter of the terms and conditions <br />of the Contract Documents and the judge of the performance thereunder. <br />In his capacity as interpreter and judge he will exercise his best <br />efforts to insure faithful performance by both the Owner and the Contractor. <br />He will not show partiality to either and shall not be liable for the <br />result of any interpretation or decision rendered in good faith. Claims, <br />disputes and other matters relating to the execution and progress of the <br />work or the interpretation of or performance under the Contract Documents <br />shall be referred initially to the Engineer for decisions, which he <br />shall render in writing within a reasonable time. <br /> <br /> <br />All such decisions of the Engineer shall be final, except in cases where <br />time and/or financial considerations are involved, which if no agreement <br />in regard thereto is reached, shall be subject to arbitration. <br /> <br />GC-IO <br /> <br />-11 <br />- ~ <br /> <br />~ <br />