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Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or <br /> Contract Times,or both, and the parties are unable to agree on entitlement to or on the amount or <br /> extent, if any, of any such adjustment, a Claim may be made therefore as provided in <br /> Paragraph 10.05. <br /> 9.05 Rejecting Defective Work <br /> A. Engineer will have authority to reject Work which Engineer believes to be defective, or that <br /> Engineer believes will not produce a completed Project that conforms to the Contract Documents <br /> or that will prejudice the integrity of the design concept of the completed Project as a functioning <br /> whole as indicated by the Contract Documents. Engineer will also have authority to require <br /> special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the <br /> Work is fabricated,installed,or completed. <br /> 9.06 Shop Drawings, Change Orders and Payments <br /> A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and <br /> Samples, see Paragraph 6.17. <br /> B. In connection with Engineer's authority, and limitations thereof, as to design calculations and <br /> design drawings submitted in response to a delegation of professional design services,if any, see <br /> Paragraph 6.21. <br /> C. In connection with Engineer's authority as to Change Orders,see Articles 10, 11, and 12. <br /> D. In connection with Engineer's authority as to Applications for Payment, see Article 14. <br /> 9.07 Determinations for Unit Price Work <br /> A. Engineer will determine the actual quantities and classifications of Unit Price Work performed <br /> by Contractor. Engineer will review with Contractor the Engineer's preliminary determinations <br /> on such matters before rendering a written decision thereon (by recommendation of an <br /> Application for Payment or otherwise). Engineer's written decision thereon will be final and <br /> binding (except as modified by Engineer to reflect changed factual conditions or more accurate <br /> data)upon Owner and Contractor, subject to the provisions of Paragraph 10.05. <br /> 9.08 Decisions on Requirements of Contract Documents and,4cceptability of Work <br /> A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge <br /> of the acceptability of the Work there under. All matters in question and other matters between <br /> Owner and Contractor arising prior to the date final payment is due relating to the acceptability <br /> of the Work, and the interpretation of the requirements of the Contract Documents pertaining to <br /> the performance of the Work, will be referred initially to Engineer in writing within 21 days of <br /> the event giving rise to the question in accordance with the provisions of Paragraph 10.5 with a <br /> request for formal decision. <br /> 1. In connection with Contractor's responsibilities with respect to requests for information <br /> (RFIs), see Paragraph 3.03.A.2.a and 3.03.A.2.b. <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 50 of 81 <br />