Requirements for Employer's Representative Employer's Representative’s Authority to Delegate Representative’s Instructions Employer's Representative to Attempt Agreement General Obligations 32 33 34 3S 4d Except as expressly stated in the Conditions of Contract, the Employer's Representative shall have no authority to relieve the Contractor of any of his duties, obligations or responsibilities under the Contract. Any proposal, inspection, examination, testing, consent, approval or similar act by the Employer's Representative (including absence of disapproval) shall not relieve the Contractor from any responsibility, including responsibility for his errors, omissions, discrepancies, and non-compliance with Sub-Clauses 5.3 and 5.4. ‘The Employer's Representative shall copy to the Employer all communications given or received by him in accordance with the Contract. ‘The Employer's Representative shall be a suitably qualified engineer or other appropriate professional, having the experience and capability necessary for compliance with this Clause, of shall employ such suitably qualified engineers and other professionals and make them available for the Contract. ‘The Employer's Representative may from time to time delegate any of his duties to assistants, and may at any time revoke any such delegation, Any such delegation or revocation shall be in writing and shall not take effect until a copy has been delivered to the Employer and the Contractor. ‘Any determination, instruction, inspection, examination, testing, consent, approval or similar act by any such assistant of the Employer’s Representative, in accordance with the delegation, shall have the same effect as though it had been an act of the Employer's Representative. However, (@) any failure to disapprove any Plant, Materials, design or workmanship shall not prejudice the right of the Employer's Representative to reject such Plant, Materials, design or workmanship; (b) if the Contractor questions any determination or instruction of an assistant of the Employer's Representative, the Contractor may refer the matter to the Employer's Representative, who shall confirm, reverse or vary such determination or instruction. Unless it is legally or physically impossible, the Contractor shall comply with instructions given by the Employer's Representative in accordance with the Contract. ‘When the Employer's Representative is required to determine value, Cost or extension of time, he shall consult with the Contractor in an endeavour to reach agreement. If agreement is not achieved, the Employer's Representative shall determine the matter fairly, reasonably and in accordance with the Contract. The Contractor ‘The Works as completed by the Contractor shall be wholly in accordance with the Contract and fit for the purposes for which they are intended, as defined in the Contract. The Works shall include any work which is necessary to satisfy the Employer’s Requirements, Contractor's Proposal and Schedules, or is implied by the Contract, of arises from any obligation of the Contractor, and all works not mentioned in the Contract but which may be inferred to be necessary for stability or completion or the safe, reliable and efficient operation of the Works. SAIC 19s 7