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A . If within one year after the date of Substantial A . if, instead of requiring correction or removal and
<br /> Completion ( or such longer period of time as may be replacement of defective Work, Owner (and , prior to
<br /> prescribed by the teens of any applicable special Engineer ' s recommendation of final payment, Engineer)
<br /> guarantee required by the Contract Documents) or by any prefers to accept it, Owner may do so . Contractor shall
<br /> specific provision of the Contract Documents, any Work pay all claims, costs , losses , and damages ( including but
<br /> is found to be defective , or if the repair of any damages to not limited to all fees and charges of engineers, architects,
<br /> the land or areas made available for Contractor ' s use by attorneys , and other professionals and all courtor
<br /> Owner or permitted by Laws and Regulations as arbiif a iem or other dispute resolution costs) attributable to
<br /> contemplated in Paragraph 6 . 1 LA is found to be Owner ' s evaluation of and determination to accept such
<br /> defective, Contractor shall promptly, without cost to defective Work (sia t -t-0-bo-a rouGd
<br /> Owner and in accordance with Owner' s written he ' -�-Ehe Wor_as
<br /> "to-reasonabl�taess) and the diminished value of the Work
<br /> instructions : to the extent not otherwise paid by Contractor pursuant to
<br /> 1this sentence. If any such acceptance occurs prior to
<br /> . repair such defective land or areas ; or Engineer' s recommendation of final payment, a Change
<br /> Order will be issued incorporating the necessary revisions
<br /> 2 . correct such defective Work ; or in the Contract Documents with respect to the Work, and
<br /> Owner shall be entitled to an appropriate decrease in the
<br /> 3 . if the defective Work has been rejected by Contract Price, reflecting the diminished value of Work
<br /> Owner, remove it from the Project and replace it with so accepted . If the parties are unable to agree as to the
<br /> Work that is not defective, and amount thereof, Owner may make a Claim therefor as
<br /> provided in Paragraph 10 . 05 . if the acceptance occurs
<br /> 4 . satisfactorily correct or repair or remove and after such recommendation , an appropriate amount will be
<br /> replace any damage to other Work, to the work of paid by Contractor to Owner.
<br /> others or other land or areas resulting therefrom .
<br /> B . If Contractor does not promptly comply with the terms 13 . 09 Owner May Correct Defective Work
<br /> of Owner ' s written instructions , or in an emergency A . If Contractor fails within a reasonable time after
<br /> where delay would cause serious risk of loss or damage , written notice from Engineer to correct defective Work or
<br /> Owner may have the defective Work corrected or repaired to remove and replace rejected Work as required by
<br /> or may have the rejected Work removed and replaced . All Engineer in accordance with Paragraph 13 .06 .A, or if
<br /> claims, costs , losses , and damages (including but not Contractor fails to perform the Work in accordance with
<br /> limited to all fees and charges of engineers, architects, the Contract Documents, or if Contractor fai Is to comply
<br /> attorneys, and other professionals and all court or with any other provision of the Contract Documents,
<br /> arbitration or other dispute resolution costs) arising out of Owner may, after seven days written notice to Contractor,
<br /> or relating to such correction or repair or such removal correct or remedy any such deficiency.
<br /> and replacement ( including but not limited to all costs of
<br /> repair or replacement of work of others) will be paid by B . In exercising the rights and remedies under this
<br /> Contractor. Paragraph 13 . 09, Owner shall proceed expeditiously . in
<br /> connection with such corrective or remedial action ,
<br /> C . In special circumstances where a particular item of Owner may exclude Contractor from all or part of the
<br /> equipment is placed in continuous service before Site, take possession of all or part of the Work and
<br /> Substantial Completion of all the Work, the correction suspend Contractor ' s services related thereto, take posses-
<br /> period for that item may start to run from an earlier date if sion of Contractor ' s tools , appliances, construction
<br /> so provided in the Specifications . equipment and machinery at the Site, and incorporate in
<br /> the Work all materials and equipment stored at the Site or
<br /> D . Where defective Work (and damage to other Work for which Owner has paid Contractor but which are stored
<br /> resulting therefrom) has been corrected or removed and elsewhere . Contractor shall allow Owner, Owner ' s
<br /> replaced under this Paragraph 13 . 07 , the correction period representatives, agents and employees, Owner' s other
<br /> hereunder with respect to such Work will be extended for contractors, and Engineer and Engineer ' s consultants
<br /> an additional period of one year after such correction or access to the Site to enable Owner to exercise the rights
<br /> removal and replacement has been satisfactorily complet- and remedies under this Paragraph .
<br /> ed .
<br /> C . All claims , costs , losses , and damages (including but
<br /> E-0°' aet°" �°1�lrg�ttie'�s� 3'tder-t�iis-1? r�granot limited to all fees and charges of engineers, architects,
<br /> are in addition to any other obliga_ tion .or-w rran attorneys, and other professionals and all court• or—
<br /> provisions of this Paragraph-1 7 shall not be construed arbitration or other dispute resolution costs) incurred or
<br /> as a substi ute-for or a waiver of the provisions of any sustained by Owner in exercising the rights and remedies
<br /> alplieable-statute-offlimitation-or-repose under this Paragraph 13 . 09 will be charged against
<br /> Contractor, and a Change Order will be issued incorpo-
<br /> 13 . 08 Acceptance of Defective Work rating the necessary revisions in the Contract Documents
<br /> with respect to the Work ; and Owner shall be entitled to
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright O 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br /> 00700 - 35
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