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 contract 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. The Project has been designed by ESG Engineering, Inc. (hereinafter referred to as the “Engineer”). The Engineer is to act as the Owner’s representative with respect to the Project, and shall assume all duties and responsibilities and have the rights and authority assigned to the Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.
The Engineer. 3.1 Engineer’s Duties and Authority The Procuring Entity shall appoint the Engineer who shall carry out the duties assigned to him in the Contract. The Engineer’s staff shall include 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 may exercise the authority attributable to the Engineer as specified in or necessarily to be implied from the Contract. If the Engineer is required to obtain the approval of the Procuring Entity before exercising a specified authority, the requirements shall be as stated in the Particular Conditions of Contract. The Procuring Entity 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 Procuring Entity’s approval is required, then (for the purposes of the Contract) the Procuring Entity 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 implied by the Contract, the Engineer shall be deemed to act for the Procuring Entity; (b) the Engineer has no authority to relieve either Party of any duties, obligations or responsibilities under the Contract; and any approval, check, certificate, consent, examination, inspection, instruction, notice, proposal, request, test, or similar act by the Engineer (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. The following provisions shall apply: The Engineer shall obtain the specific approval of the Procuring Entity before 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 a Variation would increase the Accepted Contract Amount by less than the percentage specified in the Contract 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, ...
The Engineer. Project Manager Allied Engineering consultants Peshawar69.1 Default of EmployerIn Sub-Clause 69.1 (a), substitute "56 days" for "28 days". 69.4 Contractor‟s Entitlement to Suspend WorkIn 6th line of Sub-Clause 69.4, substitute "56 days" for "28 days". 70.1 Increase or Decrease of Cost As per appendix C to Bid. 71&72 Currency & Rates of Exchange Delete the Clauses in their entirety. 73.1 Payment of Income TaxThe Contractor, Subcontractors and their employees shall be responsible for payment of all their income tax, super tax and other taxes on income arisingout of the Contract and the rates and prices stated in the Contract shall be deemed to cover all such taxes. 73.2 Cost Inclusive of Duty & Taxes The rates and prices stated in the priced Bill of Quantities shall be deemed to include every element of duty or tax liveable on or in relation to the production, import, purchase, sale, delivery and transportation of materials and to the bringing thereof to the Site and no such duty or tax shall be separately reimbursable. 74.1 Integrity Pact If the Contractor or any of his Subcontractors, agents or servants is found to have violated or involved in violation of the Integrity Pact signed by the Contractor as Appendix-L to his Bid, then the Procuring Entity shall be entitled to: (a) recover from the Contractor an amount equivalent to ten times the sum of any commission, gratification, bribe, finder‟s fee or kickback given by the Contractor or any of his Subcontractors, agents or servants; (b) Terminate the Contract; and
The Engineer in–Charge/Site–in–Charge shall communicate or confirm his instructions to the contractor in respect of the executions of work in a "work site order book" maintained in the office having duplicate sheet and the authorised representative of the contractor shall confirm receipt of such instructions by signing the relevant entries in the book.
The Engineer does not guarantee that all existing facilities such as buildings, fences, pipelines, electrical lines, conduit, telephone cable, service connections, or other facilities are shown on the plans. It shall be the Contractor's responsibility to locate and protect all such existing facilities prior to beginning construction.
The Engineer. EXPRESSLY AGREES THAT: (1) THE AUTHORITY RETAINS ITS GOVERNMENTAL IMMUNITY IN ALL RESPECTS UNDER THIS AGREEMENT; AND, (2) NO AGREEMENTS, BETWEEN THE ENGINEER AND ANY THIRD PARTY SHALL BE ENFORCEABLE AGAINST THE AUTHORITY. THE ENGINEER WARRANTS TO THE AUTHORITY THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT AND THAT, IN THE EVENT A THIRD PARTY ATTEMPTS TO HOLD THE AUTHORITY LIABLE FOR ANY ACTION OR INACTION OF THE ENGINEER, THAT THE ENGINEER SHALL INDEMNIFY THE AUTHORITY UNDER SECTION 7.10.