Common use of AUTHORITY OF THE ENGINEER Clause in Contracts

AUTHORITY OF THE ENGINEER. in-charge. The contractor shall execute, complete and maintain the works in strict accordance with the contract under the directions and to the entire satisfaction of the Engineer-In- Charge and shall comply with and adhere strictly to the Engineer-In-Charge's instructions, and directions on any matter (whether mentioned in the contract or not pertaining to this works) 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 contractor 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 have the power to enforce such decision and orders if the contractor fails to carry them out promptly. If the contractor fails to execute the work ordered by the Engineer- in-charge may give notice to the contractor specifying a reasonable period therein and on the expiry of the period proceed to execute such work as may be deemed necessary and recover the cost thereof from the contractor. In case of any conflict within the specifications, conditions in the Tender Document, the contractor shall bring into notice of Engineer-in-charge immediately whose decision in that regard will befinal.