ENGINEER Engineer Duties: Carry out the duties assigned in the contract.Carry out the duties assigned in the contract. Engineer's staff shall include qualified professional staff to carry out the duties.Engineer's staff shall include qualified professional staff to carry out the duties.

Authorities: Engineer does not have the authority to amend the contract. Engineer does not have the authority to amend the contract. Authorities specified or necessarily to be implied from the contract. Authorities specified or necessarily to be implied from the contract. If any authority exercise by the Engineer requires Employer approval, the requirements shall be as stated in the particular conditions. If any authority exercise by the Engineer requires Employer approval, the requirements shall be as stated in the particular conditions. Employer undertake not to constraint Engineer's authority, except as agreed with contractor. Employer undertake not to constraint Engineer's authority, except as agreed with contractor. Whenever Engineer exercise a specific authority for which the Employer approval is required, the Employer shall be deemed to have given approval. Whenever Engineer exercise a specific authority for which the Employer approval is required, the Employer shall be deemed to have given approval.

The following conditions should be considered : Whenever Engineer carry out duties or practicing authorities specified or implied by the contract, the Engineer shall be deemed to act for the Employer. Whenever Engineer carry out duties or practicing authorities specified or implied by the contract, the Engineer shall be deemed to act for the Employer. Engineer has no authority to relieve either party of any duties, obligations or responsibilities under the contract. Engineer has no authority to relieve either party of any duties, obligations or responsibilities under the contract. Any approval, check, certificate, consent, examination, inspection, instruction, notice, proposal, request, test or similar act by engineer, shall not relieve the contractor from any responsibility for errors, omissions, discrepancies and non-compliance. Any approval, check, certificate, consent, examination, inspection, instruction, notice, proposal, request, test or similar act by engineer, shall not relieve the contractor from any responsibility for errors, omissions, discrepancies and non-compliance.

DELEGATION BY THE ENGINEER The Engineer has the right to assign duties and delegate authorities to assistants. The assignment delegation or revocation shall be in writing and will not be valid till copies have been received by both parties. The Engineer has the right to assign duties and delegate authorities to assistants. The assignment delegation or revocation shall be in writing and will not be valid till copies have been received by both parties. The engineer shall not delegate the authority of determining. (3.5) The engineer shall not delegate the authority of determining. (3.5) Assistants shall be qualified persons and fluent in language communications. Assistants shall be qualified persons and fluent in language communications. Assistants shall issue instruction only according to authorization defined by the delegation. Assistants shall issue instruction only according to authorization defined by the delegation.

Any approval, check, inspection, instruction, notice, proposal, request, test or similar act practiced by an assistant have the same effect of Engineer. However; A) Any failure to disapprove any work, plant or material shall not constitute approval, and shall therefore not prejudice the right of Engineer to reject the work, plant or material. B) If the contractor doubts any determination or instruction of an assistant, the contractor may refer the matter to the Engineer who confirm or vary the determination or instruction.

INSTRUCTION OF THE ENGINEER The Engineer may issue instruction and additional or modified drawings to contractor at any time which may be necessary to execute the work according to the contract.

The contractor shall comply with instruction given by the Engineer or delegated assistant for any matter related to the contract. These instruction shall be given in written.

The confirmation shall constitute the written instruction, if the Engineer or delegated assistant Gives an oral instruction. Gives an oral instruction. Receives a written confirmation of instruction from (or in behalf of) the contractor, within two working days after giving the instruction. Receives a written confirmation of instruction from (or in behalf of) the contractor, within two working days after giving the instruction. Does not reply by issuing a written rejection or/and instruction within two working days after receiving the confirmation Does not reply by issuing a written rejection or/and instruction within two working days after receiving the confirmation

REPLACEMENT OF THE ENGINEER Employer intended to replace the Engineer shall give notice to the contractor before at least 42 days including name, address and relevant experience of the new Engineer. The contractor has the objection right on the new Engineer if the contractor has reasonable objection by notice to the employer with supporting particulars.

DETERMINATION Whenever the Engineer to agree to determine any matter, the Engineer shall consult with each party in an endeavor to reach agreement. If agreement has not been achieved, the Engineer shall make fair determination in accordance with contract taking due regards of relevant circumstances. Engineer shall give notice to both parties of each agreement or determination with supporting particulars.