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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

(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.

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  (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.

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  (3) Authority of Engineers Representative

(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.

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  (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.

 

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  (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.

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  (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.

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  (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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