Subcontractors

accordance with the provisions of paragraph 10.05, with arequest for a formal decision.results certified indicate compliance with, the ContractDocuments.B. When functioning as interpreter and judge under E. The limitations upon authority and responsibilitythis paragraph 9.09, ENGINEER wil not show partiality to set forth in this paragraph 9.10 shall also apply toOWNER or CONTRACTOR and will not be liable in ENGINEER's Consultants, Resident Project Repreconnectionwith any interpretation or decision rendered in sentative, and assistants.good faith in such capacity. The rendering of a decision byENGINEER pursuant to this paragraph 9.09 with respect to ARTICLE 10 - CHANGES IN THE WORK: CLAIMSany such Claim, dispute, or other matter (except any whichhave been waived by the making or acceptance of final 10.01 Authorized Changes in the Workpayment as provided in paragraph 14.07) will be a conditionprecedent to any exercise by OWNER or CONTRACTOR A. Without invalidating the Agreement and withoutof such rights or remedies as either may otherwise have notice to any surety, OWNER may, at any time or from timeunder the Contract Documents or by Laws or Regulations in to time, order additions, deletions, or revisions in the Workrespect of any such Claim, dispute, or other matter.by a Written Amendment, a Change Order, or a WorkChange Directive. Upon receipt of any such document,9.10 Limitations on ENGINEER's Authority and CONTRACTOR shall promptly proceed with the WorkResponsibilitiesinvolved which will be performed under the applicableconditions of the Contract Documents (except as otherwiseA. Neither ENGINEER's authority or responsibility specifically provided).under this Article 9 or under any other provision of theContract Documents nor any decision made by ENGINEER 1. OWNER may, in anticipation of possibly ordering anin good faith either to exercise or not exercise such addition, deletion or revision to the Work, requestauthority or responsibility or the undertaking, exercise, or CONTRACTOR to prepare a proposal of cost and times toperformance of any authority or responsibility by perform OWNER's contemplated changes in the Work.ENGINEER shall create, impose, or give rise to any duty in CONTRACTOR's written proposal shall be transmitted tocontract, tort, or otherwise owed by ENGINEER to the ENGINEER promptly, but not later than fourteen daysCONTRACTOR, any Subcontractor, any Supplier, any after CONTRACTOR's receipt of OWNER's writtenother individual or entity, or to any surety for or employee request and shall remain a firm offer for a period not lessor agent of any of them.than fourtv-five days after receipt by ENGINEER.B. ENGINEER will not supervise, direct, control, or 2. CONTRACTOR is not authorized to proceed on anhave authority over or be responsible for CONTRACTOR's OWNER contemplated change in the Work prior tomeans, methods, techniques, sequences, or procedures of CONTRACTOR's receipt of a Chance Order (or Workconstruction, or the safety precautions and programs Change Directive) incomorating such chance into theincident thereto, or for any failure of CONTRACTOR to Work.comply with Laws and Regulations applicable to the performanceof the Work. ENGINEER will not be responsible 3. OWNER's request for proposal or CONTRACTOR'sfor CONTRACTOR's failure to perform the Work in accor- failure to submit such proposal within the required timedance with the Contract Documents.period will not justify a claim for an adjustment inContract Price or Contract Time for Milestones).C. ENGINEER will not be responsible for the acts oromissions of CONTRACTOR or of any Subcontractor, any 4. The OWNER shall not be liable to theSupplier, or of any other individual or entity performing CONTRACTOR for any costs associated with theany of the Work. preparation of proposal associated with OWNER'Scontemplated changes in the Work.D. ENGINEER's review of the final Application forPayment and accompanying documentation and all mainte- B. If OWNER and CONTRACTOR are unable tonance and operating instructions, schedules, guarantees, agree on entitlement to, or on the amount or extent, if any,Bonds, certificates of inspection, tests and approvals, and of an adjustment in the Contract Price or Contract Times, orother documentation required to be delivered by paragraph both, that should be allowed as a result of a Work Change14.07.A will only be to determine generally that their Directive, a Claim may be made therefor as provided incontent complies with the requirements of, and in the case paragraph 10.05.of certificates of inspections, tests, and approvals that theEJCDC No. 1910-8 (1996 Edition) 007200-31w/ JJG Modifications (Rev03/06/08)