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13 . 06 Correction or Removal of Defective Work
<br /> C . Where defective Work ( and damage to other
<br /> Work A . CONTRACTOR shall correct all defective removedandgreplaced o under thbeen corrected
<br /> or
<br /> Work , whether or not fabricated , installed , or the correction period hereunder with arespecpthto su0ch
<br /> completed , or, if the Work has been rejected by ENGI - Work will be extended for an additional period
<br /> of one
<br /> NEER , remove it from the Project and replace it with year after such correction or removal and replacement
<br /> Work that is not defective . CONTRACTOR shall pay has been satisfactorily completed .
<br /> all Claims , costs , losses , and damages ( including but
<br /> not limited to all fees and charges of engineers , D . CONTRACTOR ' s obligations : under this
<br /> architects , attorneys , and other professionals and all paragraph 13 . 07 are in addition to any other
<br /> obligation
<br /> court or arbitration or other dispute resolution costs) or warranty . The provisions of this
<br /> paragraph 13 . 07
<br /> arising out of or relating to such correction or removal shall not be construed as a substitute
<br /> for or a waiver
<br /> ( including but not limited to all costs of repair or of the provisions of any applicable statute of limitation
<br /> replacement of work of others ) , or repose .
<br /> 13 . 07 Correction Period 13 . 08 Acceptance of Defective Work
<br /> A . If within one year after the date of Substantial A. If, instead of requiring correction
<br /> or removal
<br /> Completion or such longer period of time as may be and replacement of defective Work , OWNER ( and ,
<br /> prescribed by Laws or Regulations or by the terms of prior to ENGINEER ' s recommendation of final pay-
<br /> any applicable special guarantee required by the ment, ENGINEER ) prefers to accept it, OWNER may
<br /> Contract Documents or by any specific provision of the do so . CONTRACTOR shall pay all Claims , costs
<br />,
<br /> Contract Documents , any Work is found to be losses , and damages ( including but not limited to
<br /> all
<br /> defective , or if the repair of any damages to the land fees and charges of engineers , architects
<br />, attorneys ,
<br /> or areas made available for CONTRACTOR ' s use by and other professionals and all court or arbitration
<br /> or
<br /> OWNER or permitted by Laws and Regulations as other dispute resolution costs) attributable to
<br /> contemplated in paragraph 6 . 11 . A is found to be OWNER ' s evaluation of and determination to accept
<br /> defective , CONTRACTOR shall promptly , without cost such defective Work ( such costs to be approved
<br />by
<br /> to OWNER and in accordance with OWNER ' s written ENGINEER as to reasonableness ) and the diminished
<br /> instructions : ( i ) repair such defective land or areas , or value of the Work to the extent not otherwise
<br /> paid by
<br /> ( ii ) correct such defective Work or, if the defective CONTRACTOR pursuant to this sentence . If any
<br /> Work has been rejected by OWNER , remove it from such acceptance occurs prior to ENGINEER ' s recom -
<br /> the Project and replace it with Work that is not mendation of final payment, a Change Order will be
<br /> defective , and ( iii) satisfactorily correct or repair or issued incorporating the necessary revisions in the
<br /> remove and replace any damage to other Work , to the Contract Documents with respect to the Work , and
<br /> work of others or other land or areas resulting there- OWNER shall be entitled to an appropriate
<br /> decrease
<br /> from . If CONTRACTOR does not promptly comply in the Contract Price , reflecting the diminished value of
<br /> with the terms of such instructions , or in an Work so accepted . If the parties are unable
<br /> to agree
<br /> emergency where delay would cause serious risk of as to the amount thereof, OWNER may make a Claim
<br /> loss or damage , OWNER may have the defective therefor as provided in paragraph 10 . 05 . If the
<br /> Work corrected or repaired or may have the rejected acceptance occurs after such recommendation , an
<br /> Work removed and replaced , and all Claims , costs , appropriate amount will be paid by CONTRACTOR to
<br /> losses , and damages ( including but not limited to all OWNER .
<br /> fees and charges of engineers , architects , attorneys ,
<br /> and other professionals and all court or arbitration or 13 . 09 OWNER May Correct Defective Work
<br /> other dispute resolution costs ) arising out of or relating
<br /> to such correction or repair or such removal and A . If CONTRACTOR fails within a reasonable
<br /> replacement ( including but not limited to all costs of time after written notice from ENGINEER to
<br /> correct
<br /> repair or replacement of work of others) will be paid by defective Work or to remove and replace rejected
<br /> CONTRACTOR . Work as required by ENGINEER in accordance with
<br /> paragraph 13 . 06 . A, or if CONTRACTOR fails to
<br /> B . In special circumstances where a particular perform the Work in accordance with the Contract
<br /> item of equipment is placed in continuous service Documents , or if CONTRACTOR fails to comply with
<br /> before Substantial Completion of all the Work , the any other provision of the Contract Documents ,
<br /> correction period for that item may start to run from an OWNER may, after seven days written notice to
<br /> earlier date if so provided in the Specifications or by CONTRACTOR , correct and remedy any
<br /> such
<br /> Written Amendment. deficiency.
<br /> 00700 - 37 00700 - General Conditions. doc
<br /> FAEng, neeringlLand Development PermitslQuail Creek PMBid-Contract Documents100700 - General Conditions. doc
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