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be made for such work. <br />GC 35 CORRECTION OF WORK. <br />The Contractor shall promptly remove from the premises all materials condemned by the Engineer as <br />failing to meet contract requirements whether incorporated in the work or not, and the Contractor shall <br />promptly replace and re -execute his own work in accordance with the Contract and without expense to the <br />Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by <br />such removal or replacement. Contractor further agrees to correct all work found by the Owner to be defective <br />in material and workmanship or not in conformance with the drawings and specifications for a period of one <br />year from the final certificate of occupancy for the project (or equivalent) or for such longer periods of time as <br />may be set forth with respect to specific warranties contained in the trade sections of the specifications <br />Contractor shall commence final completion of nonconforming work and correction of the work within seven <br />(7) days of written notice by the Owner and shall perform all such work in compliance with the objective <br />standards commonly found in the construction industry of Indian River County, Florida. If the Engineer or the <br />Owner deems it inexpedient to correct work that has been damaged or that was not done in accordance with <br />the Contract, an equitable deduction from the Contract price shall be made therefore. <br />GC 36 OWNER'S RIGHT TO CORRECT OR COMPLETE WORK. <br />If the Contractor should neglect to prosecute the work properly or fail to correct nonconforming work <br />or fail to perform any provisions of this Contract, the Owner may, after three (3) calendar days written notice <br />and opportunity to cure to the Contractor, without prejudice to any other remedy Owner may have, make good <br />these deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor <br />GC 37 CHANGES IN WORK. <br />The Owner, without invalidating the Contract, may order written additions to or deductions from the <br />work, the Contract price being adjusted accordingly. The Engineer, with the consent of the County, will have <br />authority to make minor changes in the work not involving extra cost, and not inconsistent with the purpose of <br />the work. If the Contractor believes that a variation or change justifies a modification in the Contract price, the <br />Contractor may submit a request for change order at its expense If a request for change order is made, the <br />Contractor is not authorized to vary the work unless a written Change Order or written Construction Change <br />Directive is issued by the Engineer and executed by the Owner No change order shall be valid unless <br />executed by the authorized signatory of the Owner The Engineer is not authorized to bind the Owner to <br />change in contract price or time. The Contractor shall notify the Engineer within seven (7) days of any <br />occurrence which, in the opinion of the Contractor, entitles it to an adjustment of the Contract price or a time <br />extension. The Engineer will respond to the request for change order within ten (10) days of receipt of the <br />Contractor's notice For the purposes of this paragraph, a day shall be defined as any business day, Monday <br />through Friday, excluding holidays The Engineer and Owner may issue an executed change order <br />authorizing any changes in the Work, adjustments in the Contract price and extensions of time Agreement on <br />any Change Order shall constitute a final settlement and release by Contractor of all matters relating to the <br />change in the work which is the subject of the Change Order, including, but not limited to, all direct and indirect <br />costs associated with such change and any and all adjustments to the Contract price and the Contract time. <br />If a change order is not yet approved or cannot be agreed upon, the Contractor is authorized, upon <br />issuance of a written Construction Change Directive (CDD) prepared by the Engineer and approved by the <br />Owner, to proceed with such change on a time and material basis plus ten percent (10%) The Contractor <br />expressly acknowledges that commencing work without a written Change Order or Construction Change <br />Directive executed by Owner in advance of commencement of work waives any claim by Contractor to <br />additional sums or time. <br />Upon approval by Engineer and Owner as to any adjustments to the contract price and/or time for <br />changes performed under a CDD, such approval shall be recorded by the preparation of a change order. The <br />Contractor shall not seek payment for work performed pursuant to a CDD until it has been converted to a <br />change order. <br />The Engineer shall have the authority to order minor changes in the work which do not involve <br />adjustment to the Contract price or time and which are not inconsistent with the intent of the contract <br />documents. <br />37 <br />