Common use of Engineer’s Duties and Authorities Clause in Contracts

Engineer’s Duties and Authorities. After the paragraph 1 the following shall be added: "The Project Management Unit, established by the City of Kraljevo will form the core team of the Engineer." The Paragraph 6 shall be added: “The Engineer shall obtain a particular approval from the Employer prior to undertaking any activity under the following Sub-clauses of these Conditions: (A) Sub-clause 3.2: delegation of authority; (B) Sub-clause 3.5: agreeing on or determining any issue which will increase the Contract Price; (C) Sub-clause 4.4: granting approval to the Sub-contractor for works that should have been performed by another Sub-contractor specified in the Contract; (D) Sub-clause 4.12: agreeing or determining an extension of time and/or additional cost (E) Sub-clause 8.4: agreeing on or determining an extension of the deadline for completion of works; (F) Sub-clause 10.1: issuing any kind of Taking over Certificate; (G) Sub-clause 11.9: issuing the Performance Certificate (H) Clause 13: instructing any modification of works expected to increase the Contract Price or to alter in any manner whatsoever the type, character of quality of works; (I) Sub-clause 14.13: issuing the Final Statement. Notwithstanding the obligation to obtain the afore-specified approval, if the Engineer believes that an emergency has occurred affecting safety of lives or works or the adjacent property, the Engineer may, without releasing the Contractor from any of his duties or liabilities under the Contract, instruct the Contractor to execute any such works or carry out such activities that may, in the Engineer’s belief, be necessary in order to either remove or mitigate the risk. Despite an absence of approval from the Employer, the Contractor shall immediately act in compliance with any such instruction from the Engineer. The Engineer shall determine an increase in the Contract Price in respect of any such instruction in conformity with Clause 13.3 [Variation Procedure] and shall inform the Contractor in an appropriate manner while also submitting a copy thereof to the Employer.”