In case the Contractor consists of a joint venture/consortium/ association of two or more entities, all such entities shall be jointly and severally bound to fulfill the terms of the contract according to the law of the Federal Democratic Republic of Ethiopia. The Members hereby authorize the entity specified in the SCC to act on their behalf as leader with authority to bind the joint venture or consortium in exercising all the Contractor’s rights and obligations towards the Public Body under this Contract. The composition or the constitution of the joint venture or consortium shall not be altered without the prior consent of the Public Body.
Except where otherwise specifically stated and subject to any restriction in the SCC, any action required or permitted to be taken, and any document required or permitted to be executed, under this Contract by the Public Body or the Contractor may be taken or executed by the Engineers named in the SCC. Except as expressly stated in the SCC, the Engineer shall not have authority to relieve the Contractor of any of his obligations under the Contract.
Any notice, information or communication given to or made by an Engineer shall be deemed to have been given or made by the Public Body.
The Engineer may delegate any of his duties and responsibilities to Engineer's representative after notifying the Contractor, and may cancel any delegation after notifying the Contractor.
The role of the Engineer’s representative shall be to supervise and inspect works and to test and examine the materials employed and the quality of workmanship. Under no circumstances will the Engineer's representative be empowered to relieve the Contractor of his obligations under the contract or – except where express instructions to that effect are given in the SCC – order works resulting in an extension of the period of performance or additional costs to be paid by the Public Body or introduce variants in the nature or scale of the works.
Any communication given by the Engineer's representative to the Contractor in accordance with the terms of such delegation shall have the same effect as though it had been given by the Engineer, provided that:
(bbbbb)Any failure on the part of the Engineer's representative to disapprove any work, materials or plant shall not prejudice the authority of the Engineer to disapprove such work, materials or plant and to give the instructions necessary for the rectification thereof;
(ccccc)The Engineer shall be at liberty to reverse or vary the contents of such communication.
Instructions and/or orders issued by the Engineer shall be by way of administrative orders. Such orders shall be dated, numbered and entered by the Engineer in a register, and copies thereof delivered by hand, where appropriate, to the Contractor's representative.
