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PRIM
<br /> VV
<br /> VII
<br /> 41 11II
<br /> PA I
<br /> '' v.s*r h cca .' . ;"^' hs, k aF�-.Ja e w "' IV .F
<br /> %
<br /> arbitration or other dispute resolution costs ) arising out Contract Documents or by any specific provision of the
<br /> of or relating to such uncovering , exposure , observa- Contract Documents , any Work is found to be
<br /> tion , inspection , and testing , and of satisfactory defective , or if the repair of any damages to the land
<br /> replacement or reconstruction ( including but not or areas made available for CONTRACTOR ' s use by
<br /> limited to all costs of repair or replacement of work of OWNER or permitted by Laws and Regulations
<br /> as
<br /> others) ; and OWNER shall be entitled to an contemplated in paragraph 6 . 11 . A is found to be
<br /> appropriate decrease in the Contract Price . If the defective , CONTRACTOR shall promptly, without cost
<br /> parties are unable to agree as to the amount thereof, to OWNER and in accordance with OWNER Is written
<br /> OWNER may make a Claim therefor as provided in instructions : ( i ) repair such defective land
<br />or areas , or
<br /> paragraph 10 . 05 . If, however, such Work is not found ( ii ) correct such defective Work or, if
<br /> the defective
<br /> to be defective , CONTRACTOR shall be allowed an Work has been rejected by OWNER , remove it
<br /> 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 . 05 . 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 /> A. if the Wnrk is defel3tive , or CONTRACT fees and charges of engineers , architects , attorneys ,
<br /> and other professionals and all court or arbitration or
<br /> other dispute resolution costs) arising out of or relating
<br /> to such correction or repair or such removal and
<br /> t-hp Contmrt DOGUrnents , OWNER Fray order CON replacement ( including but not limited to all costs
<br /> of
<br /> TRACTOR to stop the -%A I fork , or any portion therecilf, repair or replacement of work of others) will be paid
<br /> by
<br /> untal the Gause for 16119
<br /> CONTRACTOR .
<br /> hewever, this right of OWNER tG stop the Weirk 6hall
<br /> not give F of OWNER to B . In special circumstances where a particular
<br /> exerG se this Fight or th benefit nf C: NTRACTOR-M item of equipment is placed in continuous service
<br /> before Substantial Completion of all the Work , the
<br /> OF rnpleyee GF ageirit-of correction period for that item may start to run from an
<br /> � � �""'�`" 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
<br />such
<br /> NEER , remove it from the Project and replace it with Work will be extended for an additional period
<br /> 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
<br />. 07
<br /> ( including but not limited to all costs of repair or shall not be construed as a substitute for 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 /> A. If within one year after the date of Substantial 13 . 08 Acceptance of Defective Work
<br /> Completion 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 /> 00700 - 37 00700 - General Conditions REV 04-07. doc
<br /> F:\Public Works\ENGINEERING DIVISION PROJECTS\0845 -Dixie Hwy USI _69th (LAP) ROW Mapping Project (Morgan)Wdmim\bid
<br /> documents\00700 - General Conditions REV 04-07 . doc
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