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. Resident Engineer/Project Manager shall issue a written determination of Substantial Completion with respect to such part of the Work;
The Engineer in-charge shall have full authority to depute workmen on the work site to execute other works not included in the contract. The contractor shall afford every reasonable facility, during working hours, to enable such workmen to carry out the other works provided that such works shall be carried out in such manner as not to impede the progress of the work included in the contract. The contractor, however, shall not be liable for any damage which may happen to such other works, provided he complies with the instructions in connection therewith and provided that the damage is not caused by the contractor or his workmen.
The Engineer. (a) shall issue instructions which in his opinion are necessary for the execution of the Works; and
The Engineer. 3.1 Employer shall appoint the Engineer who shall carry out the duties assigned to Authority 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 Employer before exercising a specified authority, the requirements shall be as stated in the Particular Conditions. The 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:
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 in-Chief, Odisha agreed that the project proposal can be finalized after the capacity of catch drain is checked by the CWC and Odisha Government. The Chief Engineer XXX indicated that this aspect will be finalized soon after Andhra Pradesh submitted the details. As the other technical aspects have already been found acceptable by CWC and Odisha Government, it should be possible to put up this project in the next Advisory Committee Meeting.
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. Architect shall within ten (10) days of receipt of an application from the Contractor for a Certificate of Substantial Performance make an inspection and assessment of the Work to verify the validity of the application. The Engineer/Architect shall within seven (7) days of their inspection notify the Contractor of their approval or the reasons for their disapproval of the application. When the Engineer/Architect finds the Work to be substantially performed, they shall issue such a certificate. The date of this certificate shall be the date of Substantial Performance of the Contract. Immediately following the issuance of the Certificate of Substantial Performance, the Engineer/Architect, in consultation with the Contractor, shall establish a reasonable date for the Total Performance of the Contract.
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.
