MnDOT 1501: Authority of the Engineer

1501.1DECIDING QUESTIONS

The Engineer will, in the Engineer’s sole discretion, make a final and conclusive decision with regard to any issue or question regarding:

(1)Quality and acceptability of Materials provided and Work performed

(2)Manner of performance and rate of progress of the Work

(3)Interpretation of the Contract, except for those provisions which expressly require or

authorize a Department decision

(4)Measurement, control of quantities, and the amount of any payment deductions or

adjustment

(5)Acceptable fulfillment of all Contract provisions on the part of the Contractor

The Engineer’s acceptance does not waive the Department’s right to pursue legal remedies for defective Work or Work performed by the Contractor in an unworkmanlike manner.

1501.2SUSPENDING WORK

The Engineer may suspend the Work if the Contractor fails to complete any of the following:

(1)Correct conditions unsafe for the Project personnel or the general public

(2)Carry out the Contract provisions

(3)Carry out any lawful orders

(4)Comply with the requirements of all permits for the Project

The Engineer may also suspend work for any of the following:

(1)Unsuitable weather

(2)Conditions unsuitable for prosecution of the Work

(3)Other conditions or reasons deemed to be in the best public, State, Department, or

national interest

1501.3BASIS OF DECISION

The Engineer will make decisions based on the Engineer’s judgment in accordance with the following:

(1)Facts and inferences

(2)Inherent variations of Materials and processes

(3)Risks associated with drawing inferences from test results on small samples that may

not truly represent the Material or workmanship provided

(4)Past experiences relating to the question at issue

(5)Regulations, instructions, and guidelines established by the Department to administer

the Work

(6)Other factors the Engineer determines to have a bearing on the issue

The Engineer may require additional tests to provide a statistically sound basis for judgment . The Engineer may accept satisfactory evidence of proper and adequate process control if the end result characteristics cannot be practically measured.

Get an email when 1501 changes

Minnesota revises spec sections through supplementals and new editions. We check this one every week and email you the day it changes. Free, no account.

Source: Minnesota Standard Specifications for Construction, 2025 Edition. Pages 55–0 of 1,081. View official source ↗

← Previous

1408 Value Engineering Incentive

1502 Plans and Working Drawings

1501Authority of the Engineer

Ask about Section 1501