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13 .06 Correction or Removal of Defective Work C . Where defective Work (and damage to other
<br /> Work resulting therefrom ) has been corrected or
<br /> A. CONTRACTOR shall correct all defective removed and replaced under this paragraph 13 .07 ,
<br /> Work, whether or not fabricated , installed , or the correction period hereunder with respect to such
<br /> completed , or, if the Work has been rejected by ENGI - Work will be extended for an additional period of one
<br /> NEER, remove it from the Project and replace it with year after such correction or removal and replacement
<br /> Work that is not defective . CONTRACTOR shall pay has been satisfactorily completed .
<br /> all Claims , costs, losses , and damages (including but
<br /> not limited to all fees and charges of engineers , D . CONTRACTOR's obligations under this
<br /> architects , attorneys , and other professionals and all paragraph 13 .07 are in addition to any other obligation
<br /> court or arbitration or other dispute resolution costs) or warranty. The provisions of this paragraph 13 . 07
<br /> arising out of or relating to such correction or removal shall not be construed as a substitute for or a waiver
<br /> (including but not limited to all costs of repair or of the provisions of any applicable statute of
<br /> limitation
<br /> replacement of work of others) . or repose .
<br /> 13 . 07 Correction Period 13 .08 Acceptance of Defective Work
<br /> A. If within one year after the date of Substantial A. If, instead of requiring correction or removal
<br /> Completion or such longer period of time as may be and replacement of defective Work, OWNER (and ,
<br /> prescribed by Laws or Regulations or by the terms of prior to ENGINEER's recommendation of final pay-
<br /> any applicable special guarantee required by the ment, ENGINEER) prefers to accept it, OWNER may
<br /> Contract Documents or by any specific provision of the do so. CONTRACTOR shall pay all Claims, costs ,
<br /> Contract Documents , any Work is found to be losses, and damages (including but not limited to all
<br /> defective , or if the repair of any damages to the land fees and charges of engineers , architects , attorneys ,
<br /> or areas made: available for CONTRACTOR's use by and other professionals and all court or arbitration or
<br /> OWNER or permitted by Laws and Regulations as other dispute resolution costs) attributable to
<br /> contemplated in paragraph 6 . 11 .A is found to be OWNER's evaluation of and determination to accept
<br /> defective, CONTRACTOR shall promptly, without cost such defective Work (such costs to be approved by
<br /> to OWNER and in accordance with OWNER's written ENGINEER as to reasonableness) and the diminished
<br /> instructions: (i) repair such defective land or areas , or value of the Work to the extent not otherwise paid by
<br /> (ii) correct such defective Work or, if the defective CONTRACTOR pursuant to this sentence. If any
<br /> Work has been rejected by OWNER, remove it from such acceptance occurs prior to ENGINEER's recom-
<br /> the Project and replace it with Work that is not mendation of final payment, a Change Order
<br /> will be
<br /> defective , and (iii) satisfactorily correct or repair or issued incorporating the necessary revisions
<br />in the
<br /> remove and replace any damage to other Work, to the Contract Documents with respect to the Work, and
<br /> work of others or other land or areas resulting there- OWNER shall be entitled to an appropriate decrease
<br /> from . If CONTRACTOR does not promptly comply in the Contract Price, reflecting the diminished value of
<br /> with the terms of such instructions , or in an Work so accepted . If the parties are unable to agree
<br /> emergency where delay would cause serious risk of as to the amount thereof, OWNER may make a Claim
<br /> loss or damage, OWNER may have the defective therefor as provided in paragraph 10 .05. If the
<br /> Work corrected or repaired or may have the rejected acceptance occurs after such recommendation , an
<br /> Work removed and replaced , and all Claims , costs , appropriate amount will be paid by CONTRACTOR to
<br /> losses, and damages (including but not limited to all OWNER.
<br /> fees and charges of engineers, architects , attorneys ,
<br /> and other professionals and all court or arbitration or 13 . 09 OWNER May Correct Defective Work
<br /> other dispute resolution costs) arising out of or relating
<br /> to such correction or repair or such removal and A. If CONTRACTOR fails within a reasonable
<br /> replacement (including but not limited to all costs of time after written notice from ENGINEER to correct
<br /> repair or replacement of work of others) will be paid by defective Work or to remove and replace rejected
<br /> CONTRACTOR. Work as required by ENGINEER in accordance with
<br /> paragraph 13 .06 .A, or if CONTRACTOR fails to
<br /> B . In special circumstances where a particular perform the Work in accordance with the Contract
<br /> item of equipment is placed in continuous service Documents , or if CONTRACTOR fails to comply with
<br /> before Substantial Completion of all the Work, the any other provision of the Contract Documents,
<br /> correction period for that item may start to run from an OWNER may, after seven days written notice to
<br /> earlier date if so provided in the Specifications or by CONTRACTOR, correct and remedy any such
<br /> Written Amendment. deficiency.
<br /> 00700 - General Conditions
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<br /> FAEngineeringWetition Paving\0522 1st Rd. from 32nd Ave. to 35th AveWBid Documents\00700 - General Conditions.doc
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