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approvals and shall cooperate with inspection and testing reconstruction (including but not limited to all costs
<br /> of repair or
<br /> personnel to facilitate required inspections or tests. replacement of work of others); and OWNER shall be entitled to T
<br /> an appropriate decrease in the Contract Price. If the parties are
<br /> B. OWNER shall employ and pay for the services of an unable to agree as to the amount thereof, OWNER may make a
<br /> independent testing laboratory to perform all inspections, tests , Claim therefore as provided in paragraph 10. 05 . If,
<br /> however,
<br /> or approvals required by the Contract Documents except: such Work is not found to be defective, CONTRACTOR shall be
<br /> allowed an increase in the Contract Price or an extension of the
<br /> 1 . for inspections, tests, or approvals covered by Contract Times (or Milestones), or both, directly attributable
<br /> to
<br /> paragraphs 13.03.0 and 13.03. 13 below; such uncovering, exposure, observation, inspection, testing ,
<br /> replacement, and reconstruction. If the parties are unable to
<br /> 2.that costs incurred in connection with tests or agree as to the amount or extent thereof, CONTRACTOR may
<br /> inspections conducted pursuant to paragraph 13.04. 6 make a Claim therefore as provided in paragraph 10.05.
<br /> shall be paid as provided in said paragraph 13.04. 13;
<br /> and 13.05 OWNER May Stop the Work
<br /> 3. as otherwise specifically provided in the Contract A. If the Work is defective, or CONTRACTOR fails to
<br /> Documents. `
<br /> supply sufficient skilled workers or suitable materials or
<br /> equipment, or fails to perform the Work in such a way that the
<br /> C. If Laws or Regulations of any public body having completed Work will conform to the Contract
<br /> Documents ,
<br /> jurisdiction require any Work (or part thereof) specifically to be OWNER may order CONTRACTOR to stop the Work, or any
<br /> inspected, tested, or approved by an employee or other portion thereof, until the cause for such order
<br /> has been elimi-
<br /> representative of such public body, CONTRACTOR shall nated; however, this right of OWNER to stop the Work shall
<br />not
<br /> assume full responsibility for arranging and obtaining such give rise to any duty on the part of OWNER to exercise
<br />this right
<br /> inspections, tests, or approvals, pay all costs in connection for the benefit of CONTRACTOR, any Subcontractor,
<br /> any
<br /> therewith, and furnish ENGINEER the required certificates of Supplier, any other individual or entity, or any surety
<br /> for, or
<br /> inspection or approval. employee or agent of any of them.
<br /> D. CONTRACTOR shall be responsible for arranging 13.06 Correction or Removal of Defective Work
<br /> and obtaining and shall pay all costs in connection with any _ .
<br /> inspections, tests, or approvals required for OWNER's and A. CONTRACTOR shall correct all defective Work
<br /> ENGINEER's acceptance of materials or equipment to be whether or not fabricated, installed, or completed,
<br /> or, if the
<br /> incorporated in the Work; or acceptance of materials, mix Work has been rejected by ENGINEER, remove
<br /> it from the
<br /> designs, or equipment submitted for approval prior to Project and replace it with Work that is not defective.
<br /> CONTRACTOR's purchase thereof for incorporation in the CONTRACTOR shall pay all Claims, costs, losses , and
<br /> Work. Such inspections, tests, or approvals shall be performed damages (including but not limited to all fees and charges
<br /> of
<br /> by organizations acceptable to OWNER and ENGINEER. engincers, architects, attorneys, and other professionals and all
<br /> court or arbitration or other dispute resolution costs) arising out
<br /> E. If any Work (or the work of others) that is to be of or relating to such correction or removal
<br /> (including but not
<br /> inspected, tested, or approved is covered by CONTRACTOR limited to all costs of repair or replacement of work of others ).
<br /> without written concurrence of ENGINEER, it must, if requested
<br /> by ENGINEER, be uncovered for observation. 13. 07 Correction Period
<br /> F. Uncovering Work as provided in paragraph 13.03. E A. If within one year after the date of
<br /> Substantial
<br /> shall be at CONTRACTOR's expense unless CONTRACTOR Completion or such longer period of time as may be prescribed
<br /> has given ENGINEER timely notice of CONTRACTOR's by Laws or Regulations or by the terms of any applicable
<br /> intention to cover the same and ENGINEER has not acted with special guarantee required by the Contract Documents or by
<br /> reasonable promptness in response to such notice. any specific provision of the Contract Documents, any Work is
<br /> found to be defective, or if the repair of any damages to the land
<br /> 13.04 Uncovering Work or areas made available for CONTRACTOR's use by OWNER.
<br /> or permitted by Laws and Regulations as contemplated in
<br /> A. If any Work is covered contrary to the written request paragraph 6. 11 A is found to be defective, CONTRACTOR shall
<br /> of ENGINEER, it must, if requested by ENGINEER, be promptly, without cost to OWNER and in accordance
<br /> with
<br /> uncovered for ENGINEER's observation and replaced at OWNER's written instructions : (i) repair such defective land
<br /> or
<br /> CONTRACTOR's expense. areas, or (ii) correct such defective Work or, if the defective
<br /> Work has been rejected by OWNER, remove it from the Project
<br /> B. If ENGINEER considers it necessary or advisable that and replace it with Work that is not defective, and (iii) satisfac-
<br /> covered Work be observed by ENGINEER or inspected or todly correct or repair or remove and replace any damage
<br />to
<br /> tested by others, CONTRACTOR, at ENGINEER's request, other Work, to the work of others or other land
<br /> or areas
<br /> shall uncover, expose, or otherwise make available for resulting therefrom. If CONTRACTOR does not promptly
<br /> observation, inspection, or testing as ENGINEER may require, comply with the terms of such instructions, or in an emergency
<br /> that portion of the Work in question, furnishing all necessary where delay would cause serious risk of loss
<br /> or damage,
<br /> labor, material , and equipment. If it is found that such Work is OWNER may have the defective Work corrected or repaired or
<br /> defective, CONTRACTOR shall pay all Claims, costs, losses, may have the rejected Work removed and replaced, and
<br />all
<br /> and damages (including but not limited to all fees and charges Claims, costs, losses , and damages (including but not limited
<br />to
<br /> of engineers, architects, attorneys, and other professionals and all fees and charges of engineers , architects , attorneys,
<br />and
<br /> all court or arbitration or other dispute resolution costs) arising other professionals and all court or arbitration or other
<br /> dispute
<br /> out of or relating to such uncovering, exposure, observation, resolution costs) arising out of or relating to such correction
<br /> or
<br /> inspection, and testing, and of satisfactory replacement or repair or such removal and replacement (including
<br /> but not
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