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A . If within one year after the date of Substantial A . If, instead of requiring correction or removal and
<br /> Completion (or such longer period of time as may be replacement of defective Work, Owner ( and , prior to
<br /> prescribed by the terms of any applicable special Engineer ' s recommendation of final payment, Engineer)
<br /> guarantee required by the Contract Documents) or by any prefers to accept it, Owner may do so . Contractor shall
<br /> specific provision of the Contract Documents , any Work pay all claims , costs , losses , and damages ( including but
<br /> is found to be defective , or if the repair of any damages to not limited to all fees and charges of engineers , architects ,
<br /> the land or areas made available for Contractor ' s use by attorneys, and other professionals and all court or
<br /> Owner or permitted by Laws and Regulations as arbitration or other dispute resolution costs) attributable to
<br /> contemplated in Paragraph 6 . 1 LA is found to be Owner' s evaluation of and determination to accept such
<br /> defective , Contractor shall promptly , without cost to defective Work (such costs to be approved by Engineer as
<br /> Owner and in accordance with Owner' s written to reasonableness) and the diminished value of the Work
<br /> instructions : to the extent not otherwise paid by Contractor pursuant to
<br /> this sentence . If any such acceptance occurs prior to
<br /> 1 . repair such defective land or areas ; or Engineer ' s recommendation of final payment, a Change
<br /> Order will be issued incorporating the necessary revisions
<br /> 2 . correct such defective Work ; or in the Contract Documents with respect to the Work, and
<br /> Owner shall be entitled to an appropriate decrease in the
<br /> 3 . if the defective Work has been rejected by Contract Price, reflecting the diminished value of Work
<br /> Owner, remove it from the Project and replace it with so accepted . If the parties are unable to agree as to the
<br /> Work that is not defective , and amount thereof, Owner may make a Claim therefor as
<br /> provided in Paragraph 10 . 05 . If the acceptance occurs
<br /> 4 . satisfactorily correct or repair or remove and after such recommendation , an appropriate amount will be
<br /> replace any damage to other Work, to the work of paid by Contractor to Owner.
<br /> others or other land or areas resulting therefrom .
<br /> 13 . 09 Owner May Correct Defective Work
<br /> B . If Contractor does not promptly comply with the terms
<br /> of Owner ' s written instructions, or in an emergency A . If Contractor fails within a reasonable time after
<br /> where delay would cause serious risk of loss or damage , written notice from Engineer to correct defective Work or
<br /> Owner may have the defective Work corrected or repaired to remove and replace rejected Work as required by
<br /> or may have the rejected Work removed and replaced . All Engineer in accordance with Paragraph 13 . 06 . A , or if
<br /> claims , costs , losses , and damages ( including but not Contractor fails to perform the Work in accordance with
<br /> limited to all fees and charges of engineers , architects , the Contract Documents , or if Contractor fails to comply
<br /> attorneys , and other professionals and all court or with any other provision of the Contract Documents ,
<br /> arbitration or other dispute resolution costs) arising out of Owner may , after seven days written notice to Contractor,
<br /> or relating to such correction or repair or such removal correct or remedy any such deficiency .
<br /> and replacement ( including but not limited to all costs of
<br /> repair or replacement of work of others) will be paid by B . In exercising the rights and remedies under this
<br /> Contractor. Paragraph 13 . 09 , Owner shall proceed expeditiously . In
<br /> connection with such corrective or remedial action ,
<br /> C . In special circumstances where a particular item of Owner may exclude Contractor from all or part of the
<br /> equipment is placed in continuous service before Site, take possession of all or part of the Work and
<br /> Substantial Completion of all the Work , the correction suspend Contractor' s services related thereto , take posses-
<br /> period for that item may start to run from an earlier date if sion of Contractor ' s tools, appliances, construction
<br /> so provided in the Specifications . equipment and machinery at the Site , and incorporate in
<br /> the Work all materials and equipment stored at the Site or
<br /> D . Where defective Work ( and damage to other Work for which Owner has paid Contractor but which are stored
<br /> resulting therefrom) has been corrected or removed and elsewhere . Contractor shall allow Owner, Owner ' s
<br /> replaced under this Paragraph 13 . 07 , the correction period representatives , agents and employees , Owner ' s other
<br /> hereunder with respect to such Work will be extended for contractors, and Engineer and Engineer ' s consultants
<br /> an additional period of one year after such correction or access to the Site to enable Owner to exercise the rights
<br /> removal and replacement has been satisfactorily complet- and remedies under this Paragraph .
<br /> ed .
<br /> C . All claims, costs , losses , and damages ( including but
<br /> E . Contractor ' s obligations under this Paragraph 13 . 07 not limited to all fees and charges of engineers , architects ,
<br /> are in addition to any other obligation or warranty . The attorneys, and other professionals and all court or
<br /> provisions of this Paragraph 13 . 07 shall not be construed arbitration or other dispute resolution costs) incurred or
<br /> as a substitute for or a waiver of the provisions of any sustained by Owner in exercising the rights and remedies
<br /> applicable statute of limitation or repose . under this Paragraph 13 . 09 will be charged against
<br /> Contractor, and a Change Order will be issued incorpo-
<br /> 13 . 08 Acceptance of Defective Work rating the necessary revisions in the Contract Documents
<br /> with respect to the Work; and Owner shall be entitled to
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br /> 00700 - 35
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