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Last modified
11/23/2009 12:58:19 PM
Creation date
10/4/2006 9:54:44 PM
Metadata
Fields
Template:
Floodplain Documents
County
Arapahoe
Community
Littleton
Title
10,000 Trees - Phase Three South Platte Park, Littleton, Colorado
Date
10/4/1991
Prepared For
Littleton
Prepared By
DHM, Inc.
Floodplain - Doc Type
Educational/Technical/Reference Information
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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />Contract Documents and judge of the acceptability of the Work thereunder. <br />Claims, disputes and other matters relating to the acceptability of the <br />Work of the interpretation of the requirements of the Contract Documents <br />pertaining to the execution and progress of the Work shall be referred <br />initially to Architect in writing with a request for a formal decision <br />in accordance with this paragraph, which Architect will render in <br />writing within a reasonable time. Written notice of each such claim, <br />dispute and other matter shall be delivered by the claimant to Architect <br />and the other party to the Agreement within fifteen days of the occur- <br />rence of the event giving rise thereto, and written supporting data <br />will be submitted to Architect and the other party within 45 days of <br />such occurrence unless Architect allows an additional period of time to <br />ascertain more accurate data. In his capacity as interpreter and judge <br />Architect will not show partiality to Owner or Contractor and will not <br />be liable in connection with any interpretation or decision rendered <br />in good faith in such capacity. <br /> <br />B. The rendering of a decision by Architect pursuant to paragraph 9.06.A <br />with respect to any such claim, dispute or other matter (except any <br />which have been waived by the making or acceptance of final payment <br />as provided in paragraph 14.11.A) will be a condition precedent to any <br />exercise by Owner or Contractor of such rights or remedies as either <br />may otherwise have under the Contract Documents or at law in respect <br />of any such claim, dispute or other matter. <br /> <br />9.07 LIMITATIONS ON ARCHITECT'S RESPONSIBILITIES <br /> <br />A. Neither Architect's authority to act under this Part 9 or elsewhere <br />in the Contract Documents nor any decision made by Architect in good <br />faith either to exercise or not exercise such authority shall give <br />rise to any duty or responsibility of Engineer to Contractor, any <br />Subcontractor, any manufacturer, fabricator, supplier, or distributor, <br />or any of their agents or employees or any other person performing any <br />of the 'ftork. <br /> <br />B. Whenever in the Contract Documents the terms "as ordered," "as directed ,," <br />"as required," "as allowed," or terms of like effect or import are used I' <br />or the adjectives "reasonable," "suitable," "acceptable," "proper," or <br />"satisfactory," or adjectives of like effect or import are used to <br />describe requirement, direction, review or judgment of Architect as to <br />the Work, it is intended that such requirement, direction, review or <br />judgment will be solely to evaluate the Work for compliance with the <br />Contract Documents (unless there is a specific statement indicating <br />otherwise). The use of any such term or adjective never indicates <br />that Architect shall have authority to supervise or direct performance <br />of the Work or authority to undertake responsibility contrary to the <br />provisions of paragraphs 9.07.C or 9.07.D. <br /> <br />C. Architect will not be responsible for Contractor's means, methods, <br />techniques, sequences or procedures of construction, or the safety <br />precautions and programs incident thereto, and Architect will not be <br />responsible for Contractor's failure to perform the Work in accordance <br />with the Contract Documents. <br /> <br />D. Architect will not be responsible for the acts or omissions of Con- <br />tractor or of any Subcontractors, or of the agents or employees of any <br /> <br />-17- <br />
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