Rule 33-2-3.7.2 - Observation During Construction3.7.2.1 During all times that construction work is being performed, 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 loan agreement and the approved plans, specifications, contract documents, and approved change orders. Less than full-time observation may be allowed when approved by the loan recipient.3.7.2.2 The Department 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. Such observation will not subject the Department to any legal action for claims, damages or any other liability. Also, such observation will not release the contractor from any obligation to perform the work in accordance with the requirements of the contract documents or the registered engineer from determining compliance with the requirements of the contract documents or the loan recipient from insuring compliance with the terms of the loan agreement.3.7.2.3 The contractor, registered engineer, and the loan recipient must furnish the Department with every reasonable opportunity and means for determining whether the loan recipient and registered engineer are assuring that the work is in accordance with the requirements of the approved plans, specifications and contract documents. The Department is authorized to observe and require submission by the loan recipient of daily logs, full scale record drawings, file notes, and any other documents prepared by any party in relation to the DWSIRLF funded project.33 Miss. Code. R. 2-3.7.2
Miss. Code Ann. § 41-3-16(3)(b)