bangladesh power development board tender document for ... - BPDB

location or manner at the Contractor’s office at the Site of the Work in his absenceshall be deemed to have been given to the Contractor.13.0 METHOD OF OPERATIONThe Contractor shall inform the Engineer in advance concerning his plans forcarrying on each phase of the work. If at any time the Contractor's plant orequipment or any of his methods of executing the Work appear to the Engineer tobe unsafe, inefficient, or inadequate to insure the required quality or rate ofprogress of the Work, the Engineer may order the Contractor to increase orimprove his facilities, or methods and the Contractor shall promptly comply withsuch orders; but neither compliance with such orders nor failure of the Engineer toissue such orders shall relieve the Contractor from his obligation to secure thedegree of safety, the quality of the Work, and the rate of progress required by thisContract. The Contractor alone shall be responsible for the safety, adequacy, andefficiency of his plant, equipment, and methods.Any method of work suggested by the Engineer, but not specified, will be used atthe risk and responsibility of the Contractor, and the Engineer and the Board willassume no responsibility therefore.Approval by the Engineer of any method of work proposed by the Contractor shallnot relieve the Contractor of any responsibility therefore, and such approval shallnot be considered as an assumption of any risk or liability by the Board or theEngineer, or any officer, agent, or employees thereof. The Contractor shall have noclaim on account of the failure or inefficiency of any method so approved. Suchapproval shall mean only that the Board or the Engineer has no objection to theadoption or use by the Contractor of such method at the Contractor's own risk andresponsibility.14.0 AUTHORITY OF THE ENGINEERTo prevent delays and disputes, and to discourage litigation, it is agreed by theparties to this Contract that the Engineer shall resolve, by written opinion, allquestions in relation to the Work performed under this Contract.In case of any decision or instruction involving financial implications, the Engineershall obtain written confirmation from the Board Through Project Director andadvise the Contractor accordingly. The Engineer shall issue instructions inconsulation with the Project Director.If, in the opinion of the Contractor or the Board, a written decision made by theEngineer is not in accordance with the meaning and intent of the Contract, eitherparty may file with the engineer and the other party to the Contract, within thirty(30) days after receipt written decision, a written objection to the decision. Failureto file an objection within the allotted time will be considered as acceptance of theEngineer's decision and the decision shall become final and conclusive. If suchwritten objection is timely filed, the objecting party may at any time thereafter andprior to final payment under the Contract, request that the matter be referred toarbitration pursuant to the provisions hereinafter set forth in Clause "Arbitration".72