Common use of ENGINEER’S DUTIES AND AUTHORITY Clause in Contracts

ENGINEER’S DUTIES AND AUTHORITY. The Engineer shall carry out the duties specified in the Contract. The Engineer may exercise the authority specified in or necessarily to be implied from the Contract, provided, however, that the Engineer is required, under, the terms of his appointment by the Employer, to obtain the specific approval of the Employer before exercising any such authority. Except as expressly stated in the Contract, the Engineer shall have no authority to relieve the Contractor of any of his obligations under the Contract. The Engineer’s Representative shall be appointed by and be responsible to the Engineer and shall carry out such duties and authorities vested in the Engineer and he may at any time revoke such delegation. Any such delegation or revocation shall be in writing and shall not take effect until a copy thereof has been delivered to the Employer and the Contractor. The Engineer or the Engineer’s Representative may appoint any number of persons to assist the Engineer's Representative in the carrying out of his duties. He shall notify to the Contractor the names, duties and scope of authority of such persons. Instructions given by the Engineer shall be in writing, provided that if for any reason the Engineer considers it necessary to give any such instruction orally, the Contractor shall comply with such instruction. Confirmation in writing of such oral instruction given by the Engineer, whether before or after the carrying out of the instruction, shall be deemed to be an instruction within the meaning of this Sub Clause. Provided further that if the Contractor, within 7 days, confirms in writing to the Engineer any oral instruction of the Engineer and the Engineer does not contradict such confirmation in writing within 7 days, it shall be deemed to be an instruction of the Engineer. The Engineer shall have authority to issue to the Contractor, from time to time, such supplementary Drawings and instructions as shall be necessary for the purpose of the proper and adequate execution and completion of the Works and the remedying of any defects therein. The Contractor shall carry out and be bound by the same.

ENGINEER’S DUTIES AND AUTHORITY. The Employer shall appoint the Engineer who shall carry out the duties assigned to him in the Contract. The Engineer’s staff shall comprise suitably qualified engineers and other professionals who are competent to carry out these duties. The Engineer shall have no authority to amend the Contract. The Engineer shall exercise the authority attributable to the Engineer as specified in the Contract. If the Engineer is required to obtain the approval of the Employer before exercising a specified authority, the requirements shall be communicated in writing to the Contractor immediately following the execution by the Employer and the Engineer of the Engineer’s appointment. The Engineer may exercise Employer shall promptly inform the Contractor of any change to the authority attributed to the Engineer. However, whenever the Engineer exercises a specified authority for which the Employer’s approval is required, then (for the purposes of the Contract) the Employer shall be deemed to have given approval. Except as otherwise stated in these Conditions: (a) whenever carrying out duties or exercising authority, specified in or necessarily to be implied from the Contract, provided, however, that the Engineer is requiredshall be deemed to act for the Employer; (b) the Engineer has no authority to relieve either Party of any duties, underobligations or responsibilities under the Contract; and any approval, the terms of his appointment check, certificate, consent, examination, inspection, instruction, notice, proposal, request, test, or similar act by the EmployerEngineer (including absence of disapproval) shall not relieve the Contractor from any responsibility he has under the Contract, including responsibility for errors, omissions, discrepancies and non-compliances. any act by the Engineer in response to a Contractor’s request except otherwise expressly specified shall be notified in writing to the Contractor within 28 days of receipt. The following provisions shall apply: The Engineer shall obtain the specific approval of the Employer before exercising any taking action under the-following Sub-Clauses of these Conditions: (a) Sub-Clause 4.12: Agreeing or determining an extension of time and/or additional cost. (b) Sub-Clause 13.1: Instructing a Variation, except; (i) in an emergency situation as determined by the Engineer, or (ii) if such authority. Except as expressly stated a Variation would result in a payment to the Contractor that is less than the amount specified in the ContractContract Data. (c) Sub-Clause 13.3: Approving a proposal for Variation submitted by the Contractor in accordance with Sub Clause 13.1 or 13.2. (d) Sub-Clause 13.4: Specifying the amount payable in each of the applicable currencies. (e) Notwithstanding the obligation, as set out above, to obtain approval, if, in the Engineer shall have no authority to relieve opinion of the Engineer, an emergency occurs affecting the safety of life or of the Works or of adjoining property, he may, without relieving the Contractor of any of his obligations duties and responsibility under the Contract. The Engineer’s Representative shall be appointed by and be responsible , instruct the Contractor to the Engineer and shall carry out execute all such duties and authorities vested work or to do all such things as may, in the Engineer and he may at any time revoke such delegation. Any such delegation or revocation shall be in writing and shall not take effect until a copy thereof has been delivered to the Employer and the Contractor. The Engineer or the Engineer’s Representative may appoint any number opinion of persons to assist the Engineer's Representative in the carrying out of his duties. He shall notify to the Contractor the names, duties and scope of authority of such persons. Instructions given by the Engineer shall be in writing, provided that if for any reason the Engineer considers it necessary to give any such instruction orally, the Contractor shall comply with such instruction. Confirmation in writing of such oral instruction given by the Engineer, whether before be necessary to xxxxx or after reduce the carrying out risk. The Contractor shall forthwith comply, despite the absence of approval of the instructionEmployer, shall be deemed to be an instruction within the meaning of this Sub Clause. Provided further that if the Contractor, within 7 days, confirms in writing to the Engineer with any oral instruction of the Engineer and the Engineer does not contradict such confirmation in writing within 7 days, it shall be deemed to be an instruction of the Engineer. The Engineer shall have authority to issue determine an addition to the Contractor, from time to Contract Price and an extension of time, in respect of such supplementary Drawings instruction, in accordance with Clause 13 and instructions as shall be necessary for notify the purpose Contractor accordingly, with a copy to the Employer. If any approval by the Engineer of the proper and adequate execution and completion any item of the Works and or any failure by the remedying Engineer to disapprove any item of any defects therein. The the Works and, in either case, subsequent rejection of such items of the Works shall increase the cost of necessary remedial work or delay the progress of the Works, the Contractor shall carry out give notice to the Engineer of the additional delay and/or Costs incurred arising from such delayed rejection. After receipt of such notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 to agree or determine: (a) any extension of time to which the Contractor is entitled under Sub-Clause 8.3, and (b) the amount of such Cost to which the Contractor is entitled under Sub-Clause 8.5 which shall be bound by added to the sameContract Price, After receiving this further notice, the Engineer shall proceed in accordance with Sub-Clause 3.5 [Determinations] to agree or determine these matters.