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work, during final quality inspection or during the warranty period , to be defective or non in compliance with the specifications and the Contract, Owner shall notify Contractor in writing that such material , equipment or work is rejected and the Owner reserve the right to withhold payment on any such item . Contractor shall , at its own expense, immediately remove and replace or correct such defective material , equipment or work by making the same strictly comply with all requirements of the drawings , specifications and contract. If Owner or Engineer deems it inexpedient to correct work that has been damaged or that was not performed in accordance with the drawings , specifications and contract, an equitable deduction from the contract price shall be made for such work . GC 35 CORRECTION OF WORK . The Contractor shall promptly remove from the premises all materials condemned bythe Engineer as failing to meet contract requirements whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the Contract and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. Contractor further agrees to correct all work found by the Owner to be defective in material and workmanship or not in conformance with the drawings and specifications for a period of one year from the final certificate of occupancy for the project (or equivalent) or for such longer periods of time as may be set forth with respect to specific warranties contained in the trade sections of the specifications Contractor shall commence final completion of nonconforming work and correction of the work within seven (7 ) days of written notice by the Owner and shall perform all such work in compliance with the objective standards commonly found in the construction industry of Indian River County, Florida . If the Engineer or the Owner deems it inexpedient to correct work that has been damaged or that was not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore . GC 36 OWNER'S RIGHT TO CORRECT OR COMPLETE WORK If the Contractor should neglect to prosecute the work properly or fail to correct nonconforming work or fail to perform any provisions of this Contract, the Owner may, after three (3 ) calendar days written notice and opportunity to cure to the Contractor, without prejudice to any other remedy Owner may have, make good these deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. GC 37 CHANGES IN WORK , The Owner, without invalidating the Contract, may order written additions to or deductions from the work, the Contract price being adjusted accordingly. The Engineer, with the consent of the County, will have authority to make minor changes in the work not involving extra cost, and not inconsistent with the purpose of the work. If the Contractor believes that a variation or change justifies a modification in the Contract price , the Contractor may submit a request for change order at its expense. If a request for change order is made , the Contractor is not authorized to vary the work unless a written Change Order or written Construction Change Directive is issued by the Engineer and executed by the Owner. No change order shall be valid unless executed by the authorized signatory of the Owner . The Engineer is not authorized to bind the Owner to change in contract price or time . The Contractor shall notify the Engineer within seven (7 ) days of any occurrence which , in the opinion of the Contractor, entitles it to an adjustment of the Contract price or a time extension . The Engineer will respond to the request for change order within ten ( 10 ) days of receipt of the Contractor's notice . For the purposes of this paragraph , a day shall be defined as any business day, Monday through Friday, excluding holidays . The Engineer and Owner may issue an executed change order authorizing any changes in the Work, adjustments in the Contract price and extensions of time. Agreement on any Change Order shall constitute a final settlement and release by Contractor of all matters relating to the change in the work which is the subject of the Change Order, including , but not limited to , all direct and indirect costs associated with such change and any and all adjustments to the Contract price and the Contract time . If a change order is not yet approved or cannot be agreed upon , the Contractor is authorized , upon issuance of a written Construction Change Directive (CDD ) prepared by the Engineer and approved by the Owner, to proceed with such change on a time and material basis plus ten percent ( 10 % ) . The Contractor expressly acknowledges that commencing work without a written Change Order or Construction Change Directive executed by Owner in advance of commencement of work waives any claim by Contractor to additional sums or time . 38 F:\Engineering\Capital Projects\0216- 12th Street Between 16th Avenue and 11th Place\0216 Federal Contract Provisions . doc 8/29/2008 3:06:25 PM