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13.06 Correction or Removal of Defective Work
<br />A. CONTRACTOR shall correct all defective
<br />Work, whether or not fabricated, installed, or
<br />completed, or, if the Work has been rejected by ENGI-
<br />NEER, remove it from the Project and replace it with
<br />Work that is not defective. CONTRACTOR shall pay
<br />all Claims, costs, losses, and damages (including but
<br />not limited to all fees and charges of engineers,
<br />architects, attorneys, and other professionals and all
<br />court or arbitration or other dispute resolution costs)
<br />arising out of or relating to such correction or removal
<br />(including but not limited to all costs of repair or
<br />replacement of work of others).
<br />13.07 Correction Period
<br />A. If within one year after the date of Substantial
<br />Completion or such longer period of time as may be
<br />prescribed by Laws or Regulations or by the terms of
<br />any applicable special guarantee required by the
<br />Contract Documents or by any specific provision of the
<br />Contract Documents, any Work is found to be
<br />defective, or if the repair of any damages to the land
<br />or areas made available for CONTRACTOR's use by
<br />OWNER or permitted by Laws and Regulations as
<br />contemplated in paragraph 6.11.A is found to be
<br />defective, CONTRACTOR shall promptly, without cost
<br />to OWNER and in accordance with OWNER's written
<br />instructions: (i) repair such defective land or areas, or
<br />(ii) correct such defective Work or, if the defective
<br />Work has been rejected by OWNER, remove it from
<br />the Project and replace it with Work that is not
<br />defective, and (iii) satisfactorily correct or repair or
<br />remove and replace any damage to other Work, to the
<br />work of others or other land or areas resulting there-
<br />from. If CONTRACTOR does not promptly comply
<br />with the terms of such instructions, or in an
<br />emergency where delay would cause serious risk of
<br />loss or damage, OWNER may have the defective
<br />Work corrected or repaired or may have the rejected
<br />Work removed and replaced, and all Claims, costs,
<br />losses, and damages (including but not limited to 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 />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 />the correction period hereunder with respect to such
<br />Work will be extended for an additional period of one
<br />year after such correction or removal and replacement
<br />has been satisfactorily completed.
<br />D. CONTRACTOR's obligations under this
<br />paragraph 13.07 are in addition to any other obligation
<br />or warranty. The provisions of this paragraph 13.07
<br />shall not be construed as a substitute for or a waiver
<br />of the provisions of any applicable statute of limitation
<br />or repose.
<br />13.08 Acceptance of Defective Work
<br />A. If, instead of requiring correction or removal
<br />and replacement of defective Work, OWNER (and,
<br />prior to ENGINEER's recommendation of final pay-
<br />ment, ENGINEER) prefers to accept it, OWNER may
<br />do so. CONTRACTOR shall pay all Claims, costs,
<br />losses, and damages (including but not limited to all
<br />fees and charges of engineers, architects, attorneys,
<br />and other professionals and all court or arbitration or
<br />other dispute resolution costs) attributable to
<br />OWNER's evaluation of and determination to accept
<br />such defective Work (such costs to be approved by
<br />ENGINEER as to reasonableness) and the diminished
<br />value of the Work to the extent not otherwise paid by
<br />CONTRACTOR pursuant to this sentence. If any
<br />such acceptance occurs prior to ENGINEER's recom-
<br />mendation of final payment, a Change Order will be
<br />issued incorporating the necessary revisions in the
<br />Contract Documents with respect to the Work, and
<br />OWNER shall be entitled to an appropriate decrease
<br />in the Contract Price, reflecting the diminished value of
<br />Work so accepted. If the parties are unable to agree
<br />as to the amount thereof, OWNER may make a Claim
<br />therefor as provided in paragraph 10.05. If the
<br />acceptance occurs after such recommendation, an
<br />appropriate amount will be paid by CONTRACTOR to
<br />OWNER.
<br />13.09 OWNER May Correct Defective Work
<br />A. If CONTRACTOR fails within a reasonable
<br />time after written notice from ENGINEER to correct
<br />defective Work or to remove and replace rejected
<br />Work as required by ENGINEER in accordance with
<br />paragraph 13.06.A, or if CONTRACTOR fails to
<br />perform the Work` in accordance with the Contract
<br />Documents, or if CONTRACTOR fails to comply with
<br />any other provision of the Contract Documents,
<br />OWNER may, after seven days written notice to
<br />CONTRACTOR, correct and remedy any such
<br />deficiency.
<br />00700 - General Conditions REV 04-07
<br />00700-37
<br />F:\EngineeringlCapital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications \00700 - General Conditions REV 04-07.doc
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