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E. If any Work (or the work of others) that is to be 13.06 Correction or Removal of Defective Work
<br /> inspected, tested, or approved is covered by CONTRACTOR CONTRACTOR shall correct all defective Work,
<br /> without written concurrence of ENGINEER, it must, if requested A.
<br /> by ENGINEER, be uncovered for observation. whether or not fabricated, installed, or completed, or, if the
<br /> Work has been rejected by ENGINEER, remove it from the
<br /> F. uncovering Work as provided in paragraph 13.03. E Project and replace it with Work that is
<br /> not defective.
<br /> shall be at CONTRACTOR's expense unless CONTRACTOR CONTRACTOR shall pay all Claims, costs, losses, and
<br /> has given ENGINEER timely notice of CONTRACTOR's damages (including but not limited to all fees and charges
<br /> of
<br /> intention to cover the same and ENGINEER has not acted with engineers, architects, attorneys, and other professionals and all
<br /> reasonable promptness in response to such notice, oooatiosdispute resolution
<br /> ing out
<br /> r relating coror rection or (including but not
<br /> 13.04 Uncovering Work limited to all costs of repair or replacement of work of others).
<br /> A. If any Work is covered contrary to the written request 13.07 Correction Period
<br /> of ENGINEER, it must, if requested by ENGINEER, be
<br /> uncovered for ENGINEER's observation and replaced at A. If within one year after the date
<br /> of Substantial
<br /> CONTRACTOR's r expense. Completion or such longer period of time as may be prescribed
<br /> by laws or Regulations or by the terms of any applicable
<br /> B. If ENGINEER considers it necessary or advisable that special guarantee required by the Contract Documents or by
<br /> covered Work be observed by ENGINEER or inspected or any specific provision of the Contract Documents, any Work
<br />is
<br /> tested by others, CONTRACTOR, at ENGINEER's request, found to be defective, or if the repair of any damages to the land
<br /> shall uncover, expose, or otherwise make available for or areas made available for CONTRACTOR's use by OWNER
<br /> observation, inspection, or testing as ENGINEER may require, or permitted by Laws and Regulations as contemplated
<br /> in
<br /> that portion of the Work in question, furnishing all necessary paragraph 8. 11 A is found to be defective, CONTRACTOR shall
<br /> labor, material, and equipment If it is found that such Work is promptly, without cost to OWNER and in accordance
<br /> with
<br /> defective, CONTRACTOR shall pay all Claims, costs, losses, OWNER's written instructions: (1) repair such defective land or
<br /> and damages (including but not limited to all fees and charges areas, or (ii) correct such defective Work or, If the
<br /> defective
<br /> of engineers, architects, attorneys, and other professionals and Work has been rejected by OWNER, remove it from the Project
<br /> all court or arbitration or other dispute resolution costs) arising and replace it with Work that is not
<br /> defective, and (iii)
<br /> out of or relating to such uncovering, exposure, observation, satisfactorily correct or repair or remove and
<br /> replace any
<br /> inspection, and testing, and of satisfactory replacement or damage to other Work, to the work of others or other
<br /> land or
<br /> reconstruction (including but not limited to all costs of repair or areas resulting therefrom. If CONTRACTOR does not promptly
<br /> replacement of work of others); and OWNER shall be entitled to comply with the terms of such instructions, or in an emergency
<br /> an appropriate decrease in the Contract Price. If the parties are where delay would cause serious risk of loss or
<br /> damage,
<br /> unable to agree as to the amount thereof, OWNER may make a OWNER may have the defective Work corrected or repaired or
<br /> Claim therefore as provided in paragraph 10.05. tf, however, may have the rejected Work removed and replaced,
<br /> and all
<br /> such Work is not found to be defective, CONTRACTOR shall be Claims, costs, losses, and damages (including but not limited to
<br /> allowed an increase in the Contract Price or an extension of the all fees and charges of engineers, architects, attorneys,
<br /> and
<br /> Contract Times (or Milestones), or both, directly attributable to other professionals and all court or arbitration or other
<br /> dispute
<br /> such uncovering, exposure, observation, inspection, testing, resolution costs) arising out of or relating to such correction
<br /> or
<br /> replacement, and reconstruction. If the parties are unable to repair or such removal and replacement (including
<br /> but not
<br /> agree as to the amount or extent thereof, CONTRACTOR may limited to all costs of repair or replacement of work of others)
<br /> make a Claim therefore as provided in paragraph 10.05. will be paid by CONTRACTOR
<br /> 13.05 OWNER May Stop the Work B. In special circumstances where a particular item of
<br /> equipment is placed in continuous service before Substantial
<br /> A. If the Work is defective, or CONTRACTOR fails to Completion of all the Work, the correction period for that item
<br /> supply sufficient skilled workers or suitable materials or may start to run from an earlier
<br /> date if so provided in the
<br /> equipment, or fails to perform the Work in such a way that the Specifications or by Written Amendment.
<br /> completed Work will conform to the Contract Documents,
<br /> OWNER may order CONTRACTOR to stop the Work, or any C. Where defective Work (and damage to other Work
<br /> portion thereof, until the cause for such order has been resulting therefrom) has been
<br /> corrected or removed and
<br /> eliminated; however, this right of OWNER to stop the Work replaced under this paragraph 13.07, the correction
<br /> period
<br /> shall not give rise to any duty on the part of OWNER to exercise hereunder with respect to such Work will be extended for
<br /> an
<br /> this right for the benefit of CONTRACTOR, any Subcontractor, additional period of one year atter such correction or removal
<br /> any Supplier, any other individual or entity, or any surety for, or and replacement has been satisfactorily completed•
<br /> employee or agent of any of them.
<br /> D. CONTRACTOR's obligations under this paragraph
<br /> 13.07 are in addition to any other obligation or warranty. The
<br /> provisions of this paragraph 13.07 shall not be construed as a
<br /> substitute for or a waiver of the provisions of any applicable
<br /> statute of limitation or repose.
<br /> 13.08 Acceptance of Defective Work
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