|
arbitration or other dispute resolution costs ) arising out
<br /> of or relating to such uncovering , exposure , observa-
<br /> tion , inspection , and testing , and of satisfactory defeGtiV :Pages te the
<br /> replacement or reconstruction ( including but not
<br /> limited to all costs of repair or replacement of work of OWNER er PeFFnitted by Laws and Regulations
<br /> as
<br /> others ) , and OWNER shall be entitled to an
<br /> appropriate decrease in the Contract Price . If the
<br /> parties are unable to agree as to the amount thereof, to OWNER and on AGGAFIGIARGe with QVVNER 's written
<br /> OWNER may make a Claim therefor as provided in
<br /> paragraph 10 . 05 . If, however, such Work is not found
<br /> to be defective , CONTRACTOR shall be allowed an
<br /> increase in the Contract Price or an extension of the
<br /> Contract Times (or Milestones) , or both , directly
<br /> attributable to such uncovering , exposure , remeve and replaGe any damage to GtheF VVGFI( l t9 the
<br /> observation , inspection , testing , replacement, and work of others er ether ';; Pd nr :qr
<br /> reconstruction . If the parties are unable to agree as to €reriq-, 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 Wark 41; 011141913tive , oF CONTRACTOR fees and charges of engineers, architects, attorneys
<br />,
<br /> f' "" to- supply 6+ ffieieRt- skilled wei:kers eF suitable and other professionals and all court or arbitration
<br /> or
<br /> matenals GF equipment, OF fails to PeFferm the WGirk On other dispute resolution costs) arising out of or relating
<br /> to such correction or repair or such removal and
<br /> the QeRtFaGt IDOGUments , OWNER may order CON replacement ( including but not limited to all costs
<br /> of
<br /> TRACT-OR to st9p GIF any PGFt'GR
<br /> Ga
<br /> use n 'lh ,nh ere , repair or replacement of work of others) will be paid by
<br /> until the Cause fer has been eliminated , CONTRACTOR .
<br /> heweveF, this Fight of OWNER to stop the Weirk shall
<br /> t give Fi6e to any duty eR the paFt of OWNER to B .
<br /> any S6bG9ntraGt9r, any SupplieF, any other individual before Substantial Completion Af all the Werk, the.
<br /> OF entity, or any s6 " feF, 9F eFnp !Gyee or agent e G9FF6GtiGR period' for that item Fnay 6taFt to
<br /> Fun from an
<br /> any of them . ear V eF date Of so pFevided in the SperuiAGGations n� r
<br /> 1A /riKen Am
<br /> onrlmcn }
<br /> 13 . 06 Correction or Removal of Defective Work y a,,, ,
<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
<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 . 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 /> 13 . 07 Correction Period or repose .
<br /> n 13 . 08 Acceptance of Defective Work
<br /> A I}�ari}hi ., elle �+ r after the date f C h a a ' I
<br /> 7
<br /> A . If, instead of requiring correction or removal
<br /> PP&613ribed by Laws 9F Regulations GF by the teFn; s of and replacement of defective Work , OWNER (and
<br />,
<br /> any aPpliGable speGial guarantee hth prior to ENGINEER Is recommendation of final pay-
<br /> 00700 - 37 00700 - General Conditions REV 5-10-13.doc
<br /> F9Public Works\ENGINEERING DIVISION PROJECTS\ 1341 -Historic Dodgertown (fka VS Sports Village) Room Renovahons)\Admin\bid documents\Master Contract Docs\Master
<br /> Contract
<br /> Documents\00700 - General Conditions REV 5- 10-13 . doc
<br />
|