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OWNER may make a Claim therefor as provided in instructions: ( i) repair such defective land or areas, or
<br /> paragraph 10. 05 . If, however, such Work is not found (ii) correct such defective Work or, if the
<br />defective
<br /> to be defective, CONTRACTOR shall be allowed an Work has been rejected by OWNER , remove it from
<br /> increase in the Contract Price or an extension of the the Project and replace it with Work that is not
<br /> Contract Times (or Milestones), or both , . directly defective , and (iii) satisfactorily correct or repair or
<br /> attributable to such uncovering , exposure, remove and replace any damage to other Work, to the
<br /> observation , inspection , testing , replacement, and work of others or other land or areas resulting there-
<br /> reconstruction . If the parties are unable to agree as to from . If CONTRACTOR does not promptly comply
<br /> the amount or extent thereof, CONTRACTOR. may with the terms of such instructions, or in an
<br /> make a Claim therefor as provided in paragraph emergency where delay would cause serious risk of
<br /> 10. 050 loss or damage, OWNER may have the defective
<br /> Work corrected or repaired or may have the rejected
<br /> 13 . 05 OWNER May Stop the Work Work removed and replaced , and all Claims, costs,
<br /> losses, and damages (including but not limited to all
<br /> fees and charges of engineers, architects, attorneys,
<br /> fails to SUpply SUffiGieAt skilled wGFkeFs OF suitable and other professionals and all court or arbitration
<br /> or
<br /> mateFia'G OF equipment, eF fails to PSFfGFFn the WQFk in other dispute resolution costs) arising out of or relating
<br /> to such correction or repair or such removal and
<br /> replacement (including but not limited to all costs of
<br /> , repair or replacement of work of others) will be paid by
<br /> ; CONTRACTOR.
<br /> hGweverm, this 0ght of OWNER to stop the VV49Fk shall
<br /> not give Ose to any duty aq the paFt of INER to B. In special circumstances where a particular
<br /> item of equipment is placed in continuous service
<br /> before Substantial Completion of all the Work, the
<br /> correction period for that item may start to run from an
<br /> any of theme earlier date if so provided in the Specifications or by
<br /> Written Amendment.
<br /> 13. 06 Correction or Removal of Defective Work
<br /> C . Where defective Work (and damage to other
<br /> A. CONTRACTOR shall correct all defective Work resulting therefrom) has been corrected or
<br /> Work, whether or not fabricated , installed , or removed and replaced under this paragraph 13. 07 ,
<br /> completed , or, if the Work has been rejected by ENGI- the correction period hereunder with respect to such
<br /> NEER, remove it from the Project and replace it with Work will be extended for an additional period of one
<br /> Work that is not defective. CONTRACTOR shall pay year after such correction or removal and replacement
<br /> all Claims, costs, losses, and damages (including but has been satisfactorily completed .
<br /> not limited to all fees and charges of engineers,
<br /> architects, attorneys, and other professionals and all D . CONTRACTOR's obligations under this
<br /> court or arbitration or other dispute resolution costs) paragraph 13 . 07 are in addition to any other obligation
<br /> arising out of or relating to such correction or removal or warranty. The provisions of this paragraph 13 . 07
<br /> (including but not limited to all costs of repair or shall not be construed as a substitute for
<br /> or a waiver
<br /> replacement of work of others) . of the provisions of any applicable statute of limitation
<br /> or repose.
<br /> 13 . 07 Correction Period
<br /> 13 . 08 Acceptance of Defective Work
<br /> A. If within one year after the date of Final
<br /> Acceptance or such longer period of time as may be A. If, instead of requiring correction or removal
<br /> prescribed by Laws or Regulations or by the terms of and replacement of defective Work, OWNER (and ,
<br /> any applicable special guarantee required by the prior to ENGINEER's recommendation of final pay-
<br /> Contract Documents or by any specific provision of the ment, ENGINEER) prefers to accept it, OWNER may
<br /> Contract Documents, any Work is found to be do so. CONTRACTOR shall pay all Claims, costs,
<br /> defective, or if the repair of any damages to the land losses, and damages (including but not limited
<br />to all
<br /> or areas made available for CONTRACTOR's use by fees and charges of engineers, architects, attorneys,
<br /> OWNER or permitted by Laws and Regulations as and other professionals and all court or arbitration or
<br /> contemplated in paragraph 6 . 11 .A is found to be other dispute resolution costs) attributable to
<br /> defective, CONTRACTOR shall promptly, without cost OWNER's evaluation of and determination to accept
<br /> to OWNER and in accordance with OWNER's written such defective Work (such costs to be approved by
<br /> 00700 - General Conditions REV 04-07.doc
<br /> 00700 - 37
<br /> PIPublic WorksIENGINEERING DIVISION PROJECTSt11314R Blvd Resurfacing 41 st St to 53rd StSEE PROJ 0927Wdmim%Contract Documents\00700 = General Conditions
<br /> REV 04
<br /> 07.doc
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