Rule 33-1-3.3.3 - Observation During Construction1. 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.33 Miss. Code. R. 1-3.3.3
Miss. Code Ann. § 41-3-16(3)(b)