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<br />construction contract documents unless such acts or omissions are due <br /> <br />to negligence of the Engineer or are acts or omissions under the <br /> <br />Engineer's control. <br /> <br />However, Engineer shall exercise its authority on <br /> <br />behalf of Owner in accordance herewith and particularly during the <br />construction phase so that the means, methods, techniques, sequences <br /> <br />and procedures of construction resul t in a proj ect (s) <br /> <br />completed in <br /> <br />general accordance with the construction contract documents, and during <br />said phase should Engineer become aware of Contractor's utilization of <br /> <br />means, methods, techniques, sequences and/or procedures of construction <br /> <br />which, <br /> <br />in Engineer' s opinion, will not resul t in completion of the <br /> <br />project(s) <br /> <br />in <br /> <br />general <br /> <br />accordance <br /> <br />with <br /> <br />the <br /> <br />construction <br /> <br />contract <br /> <br />documents or which are unsafe, <br /> <br />Engineer shall immediately so inform <br /> <br />Owner <br /> <br />and <br /> <br />shall <br /> <br />take <br /> <br />all <br /> <br />necessary <br /> <br />action which <br /> <br />the <br /> <br />Engineer <br /> <br />is <br /> <br />authorized under this Agreement to take to correct <br /> <br />the <br /> <br />matter. <br /> <br />In <br /> <br />such <br /> <br />situations, the Engineer shall immediately notify the Contractor <br /> <br />and the Owner, who shall have the right and power to immediately cease <br />the work by Contractor on the project(s). <br /> <br />1.3.8 <br /> <br />The Engineer shall at all times have access to the Work <br /> <br />wherever it is in preparation or progress. <br /> <br />1. 3.9 <br /> <br />The <br /> <br />Engineer <br /> <br />shall <br /> <br />determine <br /> <br />the <br /> <br />amounts <br /> <br />owing <br /> <br />to <br /> <br />the <br /> <br />Contractor <br /> <br />based <br /> <br />on <br /> <br />its <br /> <br />on-site <br /> <br />professional <br /> <br />inspections <br /> <br />and <br /> <br />on <br /> <br />evaluations <br /> <br />of <br /> <br />the <br /> <br />Contractor's Applications <br /> <br />for Payment <br /> <br />including <br /> <br />comparisons of Contractor's monthly cost reports with his Applications <br /> <br />for <br /> <br />payment, <br /> <br />and <br /> <br />shall <br /> <br />make <br /> <br />recommendations <br /> <br />for <br /> <br />Payment <br /> <br />in <br /> <br />such <br /> <br />amounts, as provided in the construction contract documents, <br /> <br />or take <br /> <br />such other appropriate action which the Engineer deems necessary. <br /> <br />-7- <br />