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B . If ENGINEER considers it necessary or 13 . 06 Correction or Removal of Defective Work <br /> advisable that covered Work be observed by ENGI . <br /> NEER or inspected or tested by others , CONTRAC - A. CONTRACTOR shall correct all defective <br /> TOR , at ENGINEER ' s request, shall uncover, expose , Work , whether or not fabricated , installed , or <br /> or otherwise make available for observation , inspec- completed , or, if the Work has been rejected by <br /> tion , or testing as ENGINEER may require , that ENGINEER , remove it from the Project and replace it <br /> portion of the Work in question , furnishing all neces- with Work that is not defective . CONTRACTOR shall <br /> sary labor, material , and equipment. If it is found that pay all Claims , costs , losses , and damages ( including <br /> such Work is defective , CONTRACTOR shall pay all but not limited to all fees and charges of engineers , <br /> Claims , costs , losses , and damages ( including but not architects , attorneys , and other professionals and all <br /> limited to all fees and charges of engineers , court or arbitration or other dispute resolution costs) <br /> architects , attorneys , and other professionals and all arising out of or relating to such correction or removal <br /> court or arbitration or other dispute resolution costs) ( including but not limited to all costs of repair <br /> or <br /> arising out of or relating to such uncovering , replacement of work of others) , <br /> exposure , observation , inspection , and testing , and of <br /> satisfactory replacement or reconstruction ( including 13 . 07 Correction Period <br /> but not limited to all costs of repair or replacement of <br /> work of others) ; and OWNER shall be entitled to an A. If within one year after the date of Substantial <br /> appropriate decrease in the Contract Price . If the Completion or such longer period of time as <br /> may be <br /> parties are unable to agree as to the amount thereof, prescribed by Laws or Regulations or by the terms of <br /> OWNER may make a Claim therefor as provided in any applicable special guarantee required by the <br /> paragraph 10 . 05 . If, however, such Work is not found Contract Documents or by any specific provision <br /> of <br /> to be defective , CONTRACTOR shall be allowed an the Contract Documents , any Work is found to <br /> be <br /> increase in the Contract Price or an extension of the defective , or if the repair of any damages to <br /> the land <br /> Contract Times (or Milestones ) , or both , directly or areas made available for CONTRACTOR ' s use by <br /> attributable to such uncovering , exposure , OWNER or permitted by Laws and Regulations as <br /> observation , inspection , testing , replacement, and contemplated in paragraph 6 . 11 . A is found to be <br /> reconstruction . If the parties are unable to agree as defective , CONTRACTOR shall promptly, without <br /> to the amount or extent thereof, CONTRACTOR may cost to OWNER and in accordance with OWNER ' s <br /> make a Claim therefor as provided in paragraph written instructions : ( i ) repair such defective land or <br /> 10 . 05 , areas , or ( ii ) correct such defective Work or, if the <br /> defective Work has been rejected by OWNER , <br /> 13 . 05 OWNER May Stop the Work remove it from the Project and replace it with Work <br /> that is not defective , and ( iii ) satisfactorily correct or <br /> A, if the VVGFk is defBiGtive , 9F CONTRACTOR, repair or remove and replace any damage to other <br /> Work, to the work of others or other land or areas <br /> materials 9F equipment, oF fails to peFforirn the WoF resulting therefrom . If CONTRACTOR does not <br /> +e GUGh a way that the GGITIpleteed Work Will GonfGrm to promptly comply with the terms of such instructions , <br /> the GentFaGt DOGUMeRtS , OWNER may erder CON or in an emergency where delay would cause serious <br /> risk of loss or damage , OWNER may have the <br /> until until the Ga se fnr S inh nrdeF has been el ' m ' + di defective Work corrected or repaired <br /> or may have the <br /> i urc <br /> hewever, this right of OWNER to step the Work shall <br /> rejected Work removed and replaced , and all Claims , <br /> not give rose to any duty on the part of UAINFR to costs , losses , and damages ( including but <br /> not limited <br /> exeFGi6e this right for the benefit of CONTRACTOR , to all fees and charges of engineers , architects , <br /> aRy SublGentraGtOF, any SupplieF, any other individual attorneys , and other professionals and all court <br /> or <br /> or arbitration or other dispute resolution costs) arising <br /> �. out of or relating to such correction or repair or such <br /> removal and replacement ( including but not limited to <br /> all costs of repair or replacement of work of others) <br /> will be paid by CONTRACTOR . <br /> B . In special circumstances where a particular <br /> item of equipment is placed in continuous service <br /> before Substantial Completion of all the 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 /> C . Where defective Work (and damage to other <br /> Work resulting therefrom ) has been corrected or <br /> removed and replaced under this paragraph 13 . 07 , <br /> 00700 - General Conditions REV 04-07 . doc <br /> 00700 - 35 <br /> F:\Public Works\ENGINEERING DIVISION PROJECTS\1142-Mist Culvert Replacements\Admim\bid documents\00700 - General Conditions REV 04-07 doc <br />