Page 1-38
Control of Work
1-05
Control of Work
1-05.1
Authority of the Engineer
The Engineer shall be satisfied that all the Work is being done in accordance with the
requirements of the Contract. The Contract and Specifications give the Engineer authority
over the Work. Whenever it is so provided in this Contract, the decision of the Engineer
shall be final: provided, however, that if an action is brought within the time allowed in
this Contract challenging the Engineer’s decision, that decision shall be subject to the
scope of judicial review provided in such cases under Washington case law.
The Engineer’s decisions will be final on all questions including the following:
1. Quality and acceptability of materials and Work,
2. Measurement of unit price Work,
3. Acceptability of rates of progress on the Work,
4. Interpretation of Plans and Specifications,
5. Determination as to the existence of changed or differing site conditions,
6. Fulfillment of the Contract by the Contractor,
7. Payments under the Contract including equitable adjustment,
8. Suspension(s) of Work,
9. Termination of the Contract for default or public convenience,
10. Determination as to unworkable days, and
11. Approval of Working Drawings.
The Engineer represents the Contracting Agency with full authority to enforce Contract
requirements. If the Contractor fails to respond promptly to the requirements of the
Contract or orders from the Engineer:
1. The Engineer may use Contracting Agency resources, other contractors, or other
means to accomplish the Work; and
2. The Contracting Agency will not be obligated to pay the Contractor, and will deduct
from the Contractor’s payments any costs that result when any other means are used
to carry out the Contract requirements or Engineer’s orders.
At the Contractor’s risk, the Engineer may suspend all or part of the Work according to
Section 1-08.6
.