Common use of Construction Observation Clause in Contracts

Construction Observation. If, as part of this Agreement, Engineer is providing construction observation services, Engineer shall visit the project at appropriate intervals during construction to become generally familiar with the progress and quality of the Contractor’s work and to determine if the work is preceding in general accordance with the Contract Documents. Engineer shall not at any time supervise, direct, control, or have authority over any contractor’s work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, schedule, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for the security or safety at the site, nor for any failure of a contractor to comply with laws and regulations applicable to that contractor’s furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any contractor. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor’s failure to furnish and perform the work in accordance with the construction contract documents. Engineer shall not be responsible for any decision made regarding the construction contract documents, or any application, interpretation, clarification, or modification of the construction contract documents, other than those made by the Engineer or its consultants. Unless otherwise specified in this Agreement, the Owner has not retained the Engineer to make detailed inspections or to provide exhaustive or continuous project review and observation services.