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<br /> Contract Times (or Milestones ) , or both , directly work of others or other land or areas resulting there-
<br /> attributable to such uncovering , exposure , g
<br /> - III AN observation , inspection , testing , replacement , and from . If CONTRACTOR does not promptly comply
<br /> ICA
<br /> with the terms of such instructions , or in an
<br /> reconstruction . If the parties are unable to agree as to emergency where delay would cause serious risk
<br /> of
<br /> the amount or extent thereof, CONTRACTOR may loss or damage , OWNER may have the defective
<br /> AN make a Claim therefor as provided in paragraph Work corrected or repaired or may have the rejected
<br /> . , 10 . 05 .
<br /> °
<br /> ll � AN
<br /> Work removed and replaced , and all Claims , costs ,
<br /> 13 . 05 OWNER May Stop the Work losses , and damages ( including but not limited to all
<br /> fees and charges of engineers , architects , attorneys ,
<br /> t:.
<br /> and other professionals and all court or arbitration or
<br /> i : 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 /> the 1.9 repair or replacement of work of others ) will be paid by
<br /> t CONTRACTOR .
<br /> URN thE) 13816168 1:9F 91H941 �1
<br /> to StAPtheB . In special circumstances where a particular
<br /> l: item of equipment is placed in continuous service
<br /> Fnf OWNER to j; before Substantial Completion of all the
<br /> Work , the
<br /> 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 /> I 13 . 06 Correction or Removal of Defective WorkC . Where defective Work (and damage to other
<br /> Work resulting therefrom ) has been corrected or
<br /> A. CONTRACTOR shall correct all defective the
<br /> removed
<br /> period hereunder and replaced his paragraph 13 . 07 ,
<br /> Ii AWork , whether or not fabricated , installed , or Work will be extended for an additional per owith tdt of
<br /> one
<br /> such
<br /> completed , or, if the Work has been rejected by ENGI - year after such correction or removal and replacement
<br /> NEER , remove it from the Project and replace it with has been satisfactorily completed .
<br /> Work that is not defective . CONTRACTOR shall pay
<br /> f: all Claims , costs , losses , and damages (includingbut
<br /> D . CONTRACTOR 's obligations under this
<br /> not limited to all fees and charges of engineers , paragraph 13 . 07 are in addition to any other obligation
<br /> architects , attorneys , and other professionals and all or warranty. The provisions of this paragraph 13
<br />. 07
<br /> court or arbitration or other dispute resolution costs ) shall not be construed as a substitute for or
<br /> a waiver
<br /> arising out of or relating to such correction or removal of the provisions of any applicable statute of limitation
<br /> (including but not limited to all costs of repair or or re ose .
<br /> I. replacement of work of others ) . p
<br /> 13 . 07 Correction Period 13 . 08 Acceptance of Defective Work
<br /> If, ins
<br /> uiring correction or
<br /> A. If within one year after the date of Substantial and Areplacementdoff defective
<br /> Work , OWNER (andl
<br /> Completion or such longer period of time as may be
<br /> Y prior to ENGINEER'S recommendation of final pays
<br /> prescribed by Laws or Regulations or by the terms of ment , ENGINEER) prefers to accept it, OWNER may
<br /> any applicable special guarantee required by the do so . CONTRACTOR shall pay all Claims , costs ,
<br /> Contract Documents or by any specific provision of the losses , and damages (including but not limited to
<br />all
<br /> Contract Documents , any Work is found to be fees and charges of engineers , architects , attorneys ,
<br /> defective , or if the repair of any damages to the land and other professionals and all court or arbitration
<br /> or
<br /> or areas made available for CONTRACTOR's use b
<br /> y other iL OWNER or permitted by Laws and Regulations as OWNER 'spevaluaton
<br />uteresocution osts )
<br /> and determinationuto taae to
<br /> ccept
<br /> contemplated in paragraph 6 . 11 .A is found to be
<br /> such defective , CONTRACTOR shall promptly, without cost ENGINEER �as to reasonableness ) and
<br />he dve Work (such costs to be emi sheyAN
<br /> to OWNER and in accordance with OWNER's written value of the Work to the extent not otherwise aid by
<br /> instructions : (i ) repair such defective land or areas , or p Y
<br /> ( ii) correct such defective Work or, if the defective such acceptance occurs priopursuant r tohIENGINEER's
<br /> r co s sentence , If any
<br /> Work has been rejected by OWNER , remove it from m
<br /> the Project and replace it with Work that is not issued tioncorporat innal corporating eenece necessary grevisions will be
<br /> the
<br /> defective , and (iii) satisfactorily correct or repair or Contract Documents with respect to the Work
<br />, and
<br /> remove and replace any damage to other Work , the
<br /> OWNER shall be entitled to an appropriate decrease
<br /> 00700 - 36 00700 - General Conditions REV 04-07 . doc
<br /> F :\Public Works\ENGINEERING DIVISION PROJECTS\98106-66th Ave Ph 2 4th St to 76th St\Adnnim\bid documents\00700 - General Conditions REV 04-07.doc
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