|
of CONTRACTOR's intention to cover the same and oF entity, GF any swFety feF, OF empleyee 9F ageRt of
<br /> ENGINEER has not acted with reasonable promptan any of t
<br /> ness in response to such notice.
<br /> 13 . 06 Correction or Removal of Defective Work
<br /> 13 . 04 Uncovering Work
<br /> A. CONTRACTOR shall correct all defective
<br /> A. If any Work is covered contrary to the written Work, whether or not fabricated , installed , or
<br /> request of ENGINEER , it must, if requested by ENGI - completed , or, if the Work has been rejected by ENGI-
<br /> NEER , be uncovered for ENGINEER's observation NEER , remove it from the Project and replace it with
<br /> and replaced at CONTRACTOR's expense. Work that is not defective. CONTRACTOR shall pay
<br /> all Claims, costs, losses, and damages ( including but
<br /> B. If ENGINEER considers it necessary or not limited to all fees and charges of engineers,
<br /> advisable that covered Work be observed by ENGI- architects, attorneys , and other professionals and all
<br /> NEER or inspected or tested by others, CONTRAC- court or arbitration or other dispute resolution costs)
<br /> TOR, at ENGINEER's request, shall uncover, expose, arising out of or relating to such correction or removal
<br /> or otherwise make available for observation, inspec- (including but not limited to all costs of repair
<br /> or ,
<br /> tion , or testing as ENGINEER may require, that replacement of work of others) .
<br /> portion of the Work in question , furnishing all neces-
<br /> sary labor, material , and equipment. If it is found that 13 . 07 Correction Period
<br /> such Work is defective, CONTRACTOR shall pay all
<br /> Claims, costs, losses, and damages (including but not A. If within one year after the date of Substantial
<br /> limited to all fees and charges of engineers, architects, Completion or such longer period of time as may be
<br /> attorneys, and other professionals and all court or prescribed by Laws or Regulations or by the terms
<br /> of
<br /> arbitration or other dispute resolution costs) arising out any applicable special guarantee required by the
<br /> of or relating to such uncovering, exposure, observa- Contract Documents or by any specific provision of the
<br /> tion , inspection , and testing , and of satisfactory Contract Documents, any Work is found to be
<br /> replacement or reconstruction (including but not defective, or if the repair of any damages to the land
<br /> limited to all costs of repair or replacement of work of or areas made available for CONTRACTOR's use by
<br /> others) ; and OWNER shall be entitled to an OWNER or permitted by Laws and Regulations as
<br /> appropriate decrease in the Contract Price. If the contemplated in paragraph 6. 11 .A is found to be
<br /> parties are unable to agree as to the amount thereof, defective, CONTRACTOR shall promptly, without cost
<br /> OWNER may make a Claim therefor as provided in to OWNER and in accordance with OWNER's written
<br /> paragraph 10. 05 . If, however, such Work is not found instructions: ( i) repair such defective land or areas,
<br /> or
<br /> to be defective, CONTRACTOR shall be allowed an ( ii) correct such defective Work or, if the defective
<br /> increase in the Contract Price or an extension of the Work has been rejected by OWNER, remove it from
<br /> Contract Times (or Milestones), or both , directly the Project and replace it with Work that is not
<br /> attributable to such uncovering , exposure, defective, and ( iii) satisfactorily correct or repair or
<br /> observation , inspection , testing , replacement, and remove and replace any damage to other Work, to the
<br /> reconstruction . If the parties are unable to agree as to work of others or other land or areas resulting there-
<br /> the amount or extent thereof, CONTRACTOR may from . If CONTRACTOR does not promptly comply
<br /> make a Claim therefor as provided in paragraph with the terms of such instructions, or in an
<br /> 10 . 050 emergency where delay would cause serious risk of
<br /> loss or damage, OWNER may have the defective
<br /> 13 . 05 OWNER May Stop the Work Work corrected or repaired or may have the rejected
<br /> Work removed and replaced , and all Claims, costs,
<br /> A& If the VVoFk is defe)GtiYe, OF GONTRAGTOR losses , and damages (including but not limited to
<br />all
<br /> fees and charges of engineers, architects , attorneys,
<br /> and other professionals and all court or arbitration or
<br /> 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 /> repair or replacement of work of others) will be paid by
<br /> hGweveF, this Fight of OWNER to stGp the WeFk shall CONTRACTOR.
<br /> not give Fise to any duty on the paFt of OWNER
<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 /> 00700 - General Conditions REV 04-07.doc
<br /> 00700 - 37
<br /> FAPublic WorksXENGINEERING DIVISION PROJECTSN 102-0ld Dixie Hwy Swk 8th St to SR 80-LAPVldmimtbid documentsWaster Contract Documents\00700 - General Conditions
<br /> REV
<br /> 04-07.doc
<br />
|