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with the terms of such instructions, or in an therefor as provided in paragraph 10. 05. If the
<br /> emergency where delay would cause serious risk of acceptance occurs after such recommendation , an
<br /> loss or damage, OWNER may have the defective appropriate amount will be paid by CONTRACTOR to
<br /> Work corrected or repaired or may have the rejected OWNER.
<br /> Work removed and replaced, and all Claims, costs,
<br /> losses, and damages (including but not limited to all 13. 09 OWNER May Correct Defective Work
<br /> fees and charges of engineers, architects, attorneys,
<br /> and other professionals and all court or arbitration or A. If CONTRACTOR fails within a reasonable
<br /> other dispute resolution costs) arising out of or relating time after written notice from ENGINEER to correct
<br /> to such correction or repair or such removal and defective Work or to remove and replace rejected
<br /> replacement (including but not limited to all costs of Work as required by ENGINEER in accordance with
<br /> repair or replacement of work of others) will be paid by paragraph 13. 06.A, or if CONTRACTOR fails to
<br /> CONTRACTOR. perform the Work in accordance with the Contract
<br /> Documents, or if CONTRACTOR fails to comply with
<br /> B. In special circumstances where a particular any other provision of the Contract Documents,
<br /> item of equipment is placed in continuous service OWNER may, after seven days written notice to
<br /> before Substantial Completion of all the Work, the CONTRACTOR, correct and remedy any such
<br /> correction period for that item may start to run from an deficiency.
<br /> earlier date if so provided in the Specifications or by
<br /> Written Amendment. B. In exercising the rights and remedies under
<br /> this paragraph , OWNER shall proceed expeditiously.
<br /> C. Where defective Work (and damage to other In connection with- such corrective and- remedial
<br /> Work resulting therefrom) has been corrected or action , OWNER may exclude CONTRACTOR from all
<br /> removed and replaced under this paragraph 13 . 07, or part of the Site, take possession of all or part of the
<br /> the correction period hereunder with respect to such Work and suspend CONTRACTOR's services related
<br /> " Work will be extended for an additional period of one thereto, take possession of CONTRACTOR's tools,
<br /> year after such correction or removal and replacement appliances, construction equipment and machinery at
<br /> has been satisfactorily completed, the Site, and incorporate in the Work all materials and
<br /> equipment stored at the Site or for which OWNER has
<br /> D. CONTRACTOR's obligations under this paid CONTRACTOR but which are stored elsewhere.
<br /> paragraph 13. 07 are in addition to any other obligation CONTRACTOR shall allow OWNER, OWNER's
<br /> or warranty. The provisions of this paragraph 13. 07 representatives, agents and employees, OWNER's
<br /> shall not be construed as a substitute for or a waiver other contractors, and ENGINEER and ENGINEER's
<br /> of the provisions of any applicable statute of limitation Consultants access to the Site to enable OWNER to
<br /> or repose. exercise the rights and remedies under this
<br /> paragraph .
<br /> 13 . 08 Acceptance of Defective Work
<br /> C . All Claims, costs, losses, and damages
<br /> A. If, instead of requiring correction or removal (including but not limited to all fees and charges
<br /> of
<br /> and replacement of defective Work, OWNER (and , engineers, architects, attorneys, and other
<br /> prior to ENGINEER's recommendation of final pay- professionals and all court or arbitration or other
<br /> ment, ENGINEER) prefers to accept it, OWNER may dispute resolution costs) incurred or sustained by
<br /> do so. CONTRACTOR shall pay all Claims, costs, OWNER in exercising the rights and remedies under
<br /> losses, and damages (including but not limited to all this paragraph 13.09 will be charged against
<br /> CON-
<br /> fees and charges of engineers, architects, attorneys, TRACTOR, and a Change Order will be issued
<br /> and other professionals and all court or arbitration or incorporating the necessary revisions in the Contract
<br /> other dispute resolution costs) attributable to Documents with respect to the Work; and OWNER
<br /> OWNER's evaluation of and determination to accept shall be entitled to an appropriate decrease in
<br /> the
<br /> such defective Work (such costs to be approved by Contract Price. If the parties are unable to agree as to
<br /> ENGINEER as to reasonableness) and the diminished the amount of the adjustment, OWNER may make a
<br /> value of the Work to the extent not otherwise paid by Claim therefor as provided in paragraph 10. 05. Such
<br /> CONTRACTOR pursuant to this sentence. If any claims, costs, losses and damages will include but not
<br /> such acceptance occurs prior to ENGINEER's recom- be limited to all costs of repair, or replacement of work
<br /> mendation of final payment, a Change Order will be of others destroyed or damaged by correction ,
<br /> issued incorporating the necessary revisions in the removal, or replacement of CONTRACTOR's
<br /> Contract Documents with respect to the Work, and defective Work.
<br /> OWNER shall be entitled to an appropriate decrease
<br /> in the Contract Price, reflecting the diminished value of D. CONTRACTOR shall not be allowed an
<br /> Work so accepted . If the parties are unable to agree extension of the Contract Times (or Milestones)
<br /> as to the amount thereof, OWNER may make a Claim because of any delay in the performance of the Work
<br /> 00700 - General Conditions REV 0447.doc
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<br /> PIPublic Works%ENGINEERING DIVISION PROJECTS10545-66Th Ave SR60 to 57th St (Arcadis)Wrniml6id Documents\00700 = General Conditions REV 04.07.doc
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