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tests, or approvals required by the Contract Documents C . If it is found that the uncovered Work is defective,
<br /> except: Contractor shall pay all claims, costs, losses, and damages
<br /> (including but not limited to all fees and charges of
<br /> I . for inspections, tests, or approvals covered by engineers, architects, attorneys, and other professionals
<br /> Paragraphs I3 .03 .0 and 13 .03 . D below; and all court or arbitration or other dispute resolution
<br /> costs) arising out of or relating to such uncovering,
<br /> 2. that costs incurred in connection with tests or exposure, observation, inspection, and testing, and of
<br /> inspections conducted pursuant to Paragraph 13.04. 8 satisfactory replacement or reconstruction (including but
<br /> shall be paid as provided in said Paragraph 13 . 04.C; not limited to all costs of repair or replacement of work of
<br /> and others); and Owner shall be entitled to an appropriate
<br /> decrease in the Contract Price. If the parties are unable to
<br /> 3 . as otherwise specifically provided in the Con- agree as to the amount thereof, Owner may make a Claim
<br /> tract Documents. therefor as provided in Paragraph 10.05 .
<br /> C. If Laws or Regulations of any public body having D. If, the uncovered Work is not found to be defective,
<br /> jurisdiction require any Work (or part thereof) specifically Contractor shall be allowed an increase in the Contract
<br /> to be inspected, tested, or approved by an employee or Price or an extension of the Contract Times, or both,
<br /> other representative of such public body, Contractor shall directly attributable to such uncovering, exposure,
<br /> assume full responsibility for arranging and obtaining observation, inspection, testing, replacement, and
<br /> such inspections, tests, or approvals, pay all costs in reconstruction. If the parties are unable to agree as to the
<br /> connection therewith, and furnish Engineer the required amount or extent thereof, Contractor may make a Claim
<br /> certificates of inspection or approval . therefor as provided in Paragraph 10.05 ,
<br /> D. Contractor shall be responsible for arranging and 13.05 Owner May Stop the Work
<br /> obtaining and shall pay all costs in connection with any -
<br /> inspections, tests, or approvals required for Owner's and A. If the Work is defective, or Contractor fails to supply
<br /> Engineer's acceptance of materials or equipment to be sufficient skilled workers or suitable materials or
<br /> incorporated in the Work; or acceptance of materials, mix equipment, or fails to perform the Work in such a way
<br /> designs, or equipment submitted for approval prior to that the completed Work will conform to the Contract
<br /> Contractor's purchase thereof for incorporation in the Documents, Owner may order Contractor to stop the
<br /> Work. Such inspections, tests, or approvals shall be Work, or any portion thereof, until the cause for such
<br /> performed by organizations acceptable to Owner and order has been eliminated; however, this right of Owner
<br /> Engineer. to stop the Work shall not give rise to any duty on the part
<br /> of Owner to exercise this right for the benefit of
<br /> E. If any Work (or the work of others) that is to be Contractor, any Subcontractor, any Supplier, any other
<br /> inspected, tested, or approved is covered by Contractor individual or entity, or any surety for, or employee or
<br /> without written concurrence of Engineer, it must, if agent of any of them.
<br /> requested by Engineer, be uncovered for observation.
<br /> F. Uncovering Work as provided in Paragraph 13 .03 . E 13 .06 Correction or Removal of Defective Work
<br /> shall be at Contractor's expense unless Contractor has A . Promptly after receipt of notice, Contractor shall
<br /> given Engineer timely notice of Contractor's intention to correct all defective Work, whether or not fabricated,
<br /> cover the same and Engineer has not acted with installed, or completed, or, if the Work has been rejected
<br /> reasonable promptness in response to such notice. by Engineer, remove it from the Project and replace it
<br /> with Work that is not defective. Contractor shall pay all
<br /> 13.04 Uncovering Work claims, costs, losses, and damages (including but not
<br /> limited to all fees and charges of engineers, architects,
<br /> A. If any Work is covered contrary to the written request attorneys, and other professionals and all court or
<br /> of Engineer, it must, if requested by Engineer, be arbitration or other dispute resolution costs) arising out of
<br /> uncovered for Engineer' s observation and replaced at or relating to such correction or removal (including but
<br /> Contractor' s expense. not limited to all costs of repair or replacement of work of
<br /> others).
<br /> B. If Engineer considers it necessary or advisable that
<br /> covered Work be observed by Engineer or inspected or B . When correcting defective Work under the terms of
<br /> tested by others, Contractor, at Engineer' s request, shall this Paragraph 13 .06 or Paragraph 13 .07, Contractor shall
<br /> uncover, expose, or otherwise make available for take no action that would void or otherwise impair
<br /> observation, inspection, or testing as Engineer may Owner' s special warranty and guarantee, if any, on said
<br /> require, that portion of the Work in question, furnishing Work.
<br /> all necessary labor, material, and equipment.
<br /> 13 .07 Correction Period
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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