33 MAC Pt. 1, R. 3.3.3
Observation During Construction
Cite as 33 Miss. Admin. Code Pt. 1, R. 3.3.3
Observation During Construction.
1. During all times that construction/repair work is being performed which requires the
services of a registered engineer, the loan recipient must provide for full-time observation
of the project by the registered engineer or his staff and must require the registered
engineer's assurance that the work is being performed in a satisfactory manner in
accordance with the DWSELF loan agreement and the approved plans, specifications, and
contract documents, approved change orders, and in accordance with sound engineering
principles and building practices. Less than full-time observation may be allowed when
properly justified and approved by the Department staff.
2. The Department staff is authorized to observe the building of any project at any time for
compliance with the terms of the loan agreement and to determine if the loan recipient is
assuring that plans, specifications and contract documents are being followed and is
assuring that the project is being built in accordance with sound engineering principles
and building practices. A representative may be stationed at the building site by the
Department staff to observe the manner and progress of the building or to observe
conditions relating to the equipment or materials furnished and the compliance by the
contractor with approved plans, specifications, and contract documents for the project.
Such observation will not subject the Department to any action for damages or other
liability. Such observation will not release the contractor from any obligation to perform
the work in accordance with the requirements of the contract documents, nor the
registered engineer from determining compliance with the requirements of the contract
documents, nor the loan recipient from insuring compliance with the terms of the loan
agreement.
3. The contractor, registered engineer, and the loan recipient must furnish the Department
staff with every reasonable opportunity and means for observing whether the work as
performed appears to be in accordance with the requirements of the loan agreement. The
Department staff is authorized to observe and require submission of daily logs, record
drawings, file notes, and any other documents prepared by any party in relation to the
DWSELF funded project.