Step 1: Contextual Framework Pass (Facts)
Extract roles, states, and resources from the facts section
Engineer's Duty As Interpreter Of Contract Documents
Step 1 of 5
Facts Section
Section Content:
Facts: Engineer A is retained by an Owner to provide both design and construction phase services. Following the commencement of construction, a dispute arises between the Owner and the General Contractor concerning the acceptability of a concrete pour by the Contractor. Engineer A, seeks to remain impartial in the dispute, citing a provision in his contract with the Owner stating that the engineer is the initial interpreter of the requirements of the contract documents and judge of the acceptability of the work. The Owner and the Contractor ask Engineer A to review the dispute. Following his review, Engineer A agrees with the Contractor's position, noting that the Owner had approved certain changes in the work and that the Contractor complied with those changes. Owner accepts Engineer A's interpretation, but also criticizes Engineer A, claiming that because of Engineer A's ethical duty of loyalty to the Owner, Engineer A should have found in Owner's favor.