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of CONTRACTOR's intention to cover the same and
<br /> ENGINEER has not acted with reasonable prompt- any of thefR-.
<br /> ness in response to such notice.
<br /> 13 04 Uncovering Work 13 06 Correction or Removal of Defective 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 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.
<br /> limited to all fees and charges of engineers, architects, Gempletion OF GUGh longell: peried of time as may be
<br /> attorneys, and other professionals and all court or preSGrobed by Laws eF Regulations 9F by the terms 9
<br /> arbitration or other dispute resolution costs) arising out any appliGable 6peGial quaFaRtee required by thee
<br /> of or relating to such uncovering, exposure, observa-
<br /> tion, inspection, and testing, and of satisfactory GORtrar-3t I)GGlUments, aRY Work is found to he
<br /> replacement or reconstruction (including but not defeGtive, 9F wf the Fepair of any damages to the -
<br /> limited to all costs of repair or replacement of work of 9F areas Made available for GONTRACTOR'F; --lu.-by
<br /> others); and OWNER shall be entitled to an n,n11NIFEp or permitter! by Laws and Reg ulatienn as
<br /> appropriate decrease in the Contract Price If the Genternpiated OR paFagFaph 6.11.A is; feund to he
<br /> parties are unable to agree as to the amount thereof,
<br /> OWNER may make a Claim therefor as provided in
<br /> paragraph 10.05. If, however, such Work is not found
<br /> to be defective, CONTRACTOR shall be allowed an
<br /> increase in the Contract Price or an extension of the \Aferk has been reie^ted by OWNER, remove it from
<br /> Contract Times (or Milestones), or both, directly
<br /> attributable to such uncovering, exposure,
<br /> observation, inspection, testing, replacement, and to the
<br /> '
<br /> reconstruction. If the parties are unable to agree as to iaeof ethers er ether I-anii er ^reas res Mine
<br /> rlr them
<br /> the amount or extent thereof, CONTRACTOR may frnrn 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 /> 10.05. 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 /> losses, and damages (including but not limited to all
<br /> fails to sdPPly—sa#c>FenslFiRedRers ;a 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 /> TRACTOR to stGp the WeFk, or any portion thereGf, replacement (including but not limited to all costs of
<br /> repair or replacement of work of others)will be paid by
<br /> however, thils Fight ef OWNER te stop the Wark 6hall CONTRACTOR.
<br /> not give rise to any duty GR the part of OWNER to
<br /> B
<br /> befeFe Substantial Completion of all the Werk,
<br /> 00700-General Conditions REV 5-10-13.doc
<br /> 00700-37
<br /> F\Public WorkMENGINEERING DIVISION PROJECTS\0845B-Old Dixie Hwy Sidewalk(38th Ln-45th St)V+dmim\bid documentsWlaster Contract Documents\00700-General Conditions
<br /> REV 5-10-13.doc
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