Common use of Engineer’s Authority Clause in Contracts

Engineer’s Authority. The Engineer being an authorized representative of the Owner shall determine the amount, quality, acceptability and fitness of the several kinds of work and material which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Engineer’s estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications, the determination or decision of the Engineer shall be a condition precedent to the rights of the Contractor to receive any money or payment for work under this contract affected in any manner or to any extent by such question. The Engineer shall decide the meaning and intent of any portion of the Specifications and of any Drawings where the same may be found obscure or be in dispute. Any differenced or conflicts in regard to their work which may arise between the Contractor under this Contract and other Contractors performing work for the Owner shall be adjusted and determined by the Engineer. The Contractor shall keep on the job a copy of the Drawings and Specifications and shall at all times five the Owner and Engineer access thereto. Anything mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not mentions in the Specifications shall be considered as covered in both. In case of differences between the Drawings and Specifications, the Specifications shall govern. The Contractor shall not take advantage of any errors, discrepancies or omissions which may exist in the Drawing and Specifications but shall immediately call them to the attention of the Engineer whose interpretation or corrections thereof shall be conclusive.

Engineer’s Authority. The Engineer Engineer, being an authorized representative of the Owner Owner, shall determine the amount, quality, acceptability and fitness of the several kinds of work Work and material which are to be paid for under this Contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Engineer’s estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said Contract or Specifications, the determination or decision of the Engineer shall be a condition precedent to the rights of the Contractor to receive any money or payment for work under this contract affected in any manner or to any extent by such question. The Engineer shall decide the meaning and intent of any portion of the Specifications and of any Drawings where the same may be found obscure or be in dispute. Any differenced or conflicts in regard to their work which may arise between the Contractor under this Contract and other Contractors performing work for the Owner shall be adjusted and determined by the Engineer. The Contractor shall keep on the job a copy of the Drawings and Specifications and shall at all times five the Owner and Engineer access thereto. Anything mentioned in the Specifications and not shown on the Drawings or shown on the Drawings and not mentions in the Specifications shall be considered as covered in both. In case of differences between the Drawings and Specifications, the Specifications shall govern. The Contractor shall not take advantage of any errors, discrepancies or omissions which may exist in the Drawing and Specifications but shall immediately call them to the attention of the Engineer whose interpretation or corrections thereof shall be conclusive.