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ENGINEER AND ENGINEERS REPRESENTATIVE

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2 (1)   Duties and powers of Engineer
   (2)   Nomination of Engineers Representative
   (3)   Authority of Engineers Representative
   (4)   Limitation of authority of Engineers Representative
   (5)   Engineers authority to delegate
   (6)   Contractors right to refer to Engineer
   (7)   Limitations on delegation of powers

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2.(1) Duties and powers of Engineer

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(a) The function of the Engineer is to administer the Contract as agent of the Employer in accordance with the provisions of the Contract. He shall therefore carry out such duties and functions as are required in terms of the Contract.

(b) Whenever the Engineer intends, in terms of the Contract, to exercise any discretion or make or issue any ruling, contract interpretation or price determination, he shall first allow the Contractor a reasonable opportunity of submitting to him representations relating to the matter concerned and he shall decide thereon as agent of the Employer but by the application of his own independent judgment and professional standards.

(c) In the event of the Engineer being required in terms of his appointment by the Employer to obtain the specific approval of the Employer for the execution of any part of his functions or duties, such requirement shall be set out in the Special Conditions.

(2) Nomination of Engineers Representative

The Engineer shall be entitled by written notice to the Contractor to nominate a person as Engineers Representative and shall have the power by further written notice from time to time to terminate or change such appointment.

(3) Authority of Engineers Representative

The Engineers Representative shall

(a) observe the execution of the Works, examine and test materials and workmanship, and receive from the Contractor such information as he shall reasonably require;

(b) have the authority

(i) given to him by any provisions of the Contract,

(ii) given to him by the Engineer in terms of Sub-Clause (5),
(iii) to deliver to the Contractor oral or written communications from the Engineer, and
(iv) to receive on behalf of the Engineer oral or written communications from the Contractor.

(4) Limitation of authority of Engineers Representative

Notwithstanding the aforegoing, the powers and authority of the Engineers Representative shall be subject to the following conditions:

(a) he shall have no authority to relieve the Contractor of any of his obligations under the Contract and, unless he is authorised thereto in terms of Sub-Clause (5), he shall have no authority to order any work involving delay or any extra payment by the Employer or to make any variation of or in the Works;
(b) notwithstanding any authority given to him in terms of Sub-Clauses (3) or (5), failure by the Engineers Representative to disapprove of any work, workmanship or materials shall not prejudice the power of the Engineer thereafter to disapprove thereof and exercise any of his powers in terms of the Contract in respect thereof.

(5) Engineers authority to delegate

The Engineer may by notice in writing to the Contractor from time to time authorise the Engineers Representative, or any other person responsible to the Engineer, to act on his behalf either generally or in respect of the Contract, or specifically in respect of particular provisions of the Contract, and the act of any such person within the scope of his authority shall, for the purposes of the Contract, constitute an act of the Engineer. Such authorisation shall continue in force until the Engineer shall notify the Contractor in writing that it is terminated.

(6) Contractors right to refer to Engineer

If the Contractor shall be dissatisfied with any order or instruction of the Engineers Representative, or any other person appointed by the Engineer to act on his behalf, he shall be entitled to refer the matter to the Engineer who shall confirm, reverse or vary such order or instruction.

(7) Limitations on delegation of powers

No authority in terms of Sub-Clause (5) shall be given or be effective in respect of any decision to be taken or certificate to be issued under Clauses 8, 45, 50, 54, 55, 58, 60 or 61.

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