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' 4. Neither Engineer's review of Contractor's Work for the purposes of recommending <br /> payments nor Engineer's recommendation of any payment, including final payment, will <br /> impose responsibility on Engineer: <br /> a. to supervise, direct, or control the Work, or <br /> ' b. for the means, methods, techniques, sequences, or procedures of construction, or the <br /> safety precautions and programs incident thereto, or <br /> ' c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's <br /> performance of the Work, or <br /> d. to make any examination to ascertain how or for what purposes Contractor has used the <br /> Monies paid on account of the Contract Price,or <br /> ' e. to determine that title to any of the Work, materials, or equipment has passed to Owner <br /> free and clear of any Liens. <br /> 5. Engineer may refuse to recommend the whole or any part of any payment if,in Engineer's <br /> ' opinion, it would be incorrect to make the representations to Owner stated in <br /> Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, <br /> because of subsequently discovered evidence or the results of subsequent inspections or <br /> tests,revise or revoke any such payment recommendation previously made, to such extent <br /> as may be necessary in Engineer's opinion to protect Owner from loss because: <br /> a. the Work is defective, or completed Work has been damaged, requiring correction or <br /> replacement; <br /> ' b. the Contract Price has been reduced by Change Orders; <br /> c. Owner has been required to correct defective Work or complete Work in accordance with <br /> tParagraph 13.09; or <br /> d. Engineer has actual knowledge of the occurrence of any of the events enumerated in <br /> Paragraph 15.02.A. <br /> e. there are other items warranting a set-off against the amount requested by Contractor, <br /> ' including, but not by way of limitation, errors or overpayments on prior payments to <br /> Contractor. <br /> ' C. Payment Becomes Due: <br /> 1. Within thirty (30) days after receipt of a Contractor's Request for Payment with <br /> ' Engineer's recommendation,the Owner shall: <br /> a. Pay the Application for Payment as recommended by the Engineer. <br /> b. Pay such other amount as Owner decides is due the Contractor, informing the Contractor <br /> and Engineer in writing stating the reasons for paying the amended amount. <br /> ' EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 71 of 81 <br />