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<br />tests, or approvals required by the Contract Documents
<br />except:
<br />1. for inspections, tests, or approvals covered by
<br />Paragraphs 13.03.0 and 13.03.D below;
<br />2. that costs incurred in connection with tests or
<br />inspections conducted pursuant to Paragraph 13.04.13
<br />shall be paid as provided in said Paragraph 13.04.C;
<br />and
<br />3. as otherwise specifically provided in the Con-
<br />tract Documents.
<br />C. If Laws or Regulations of any public body having
<br />jurisdiction require any Work (or part thereof) specifically
<br />to be inspected, tested, or approved by an employee or
<br />other representative of such public body, Contractor shall
<br />assume full responsibility for arranging and obtaining
<br />such inspections, tests, or approvals, pay all costs in
<br />connection therewith, and furnish Engineer the required
<br />certificates of inspection or approval.
<br />D. Contractor shall be responsible for arranging and
<br />obtaining and shall pay all costs in connection with any
<br />inspections, tests, or approvals required for Owner's and
<br />Engineer's acceptance of materials or equipment to be
<br />incorporated in the Work; or acceptance of materials, mix
<br />designs, or equipment submitted for approval prior to
<br />Contractor's purchase thereof for incorporation in the
<br />Work. Such inspections, tests, or approvals shall be
<br />performed by organizations acceptable to Owner and
<br />Engineer.
<br />E. If any Work (or the work of others) that is to be
<br />inspected, tested, or approved is covered by Contractor
<br />without written concurrence of Engineer, it must, if
<br />requested by Engineer, be uncovered for observation.
<br />F. Uncovering Work as provided in Paragraph 13.03.E
<br />shall be at Contractor's expense unless Contractor has
<br />given Engineer timely notice of Contractor's intention to
<br />cover the same and Engineer has not acted with
<br />reasonable promptness in response to such notice.
<br />13.04 Uncovering Work
<br />A. If any Work is covered contrary to the written request
<br />of Engineer, it must, if requested by Engineer, be
<br />uncovered for Engineer's observation and replaced at
<br />Contractor's expense.
<br />B. If Engineer considers it necessary or advisable that
<br />covered Work be observed by Engineer or inspected or
<br />tested by others, Contractor, at Engineer's request, shall
<br />uncover, expose, or otherwise make available for
<br />observation, inspection, or testing as Engineer may
<br />require, that portion of the Work in question, furnishing
<br />all necessary labor, material, and equipment.
<br />C. If it is found that the uncovered Work is defective,
<br />Contractor shall pay all claims, costs, losses, and damages
<br />(including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other professionals
<br />and all court or arbitration or other dispute resolution
<br />costs) arising out of or relating to such uncovering,
<br />exposure, observation, inspection, and testing, and of
<br />satisfactory replacement or reconstruction (including but
<br />not limited to all costs of repair or replacement of work of
<br />others); and Owner shall be entitled to an appropriate
<br />decrease in the Contract Price. If the parties are unable to
<br />agree as to the amount thereof, Owner may make a Claim
<br />therefor as provided in Paragraph 10.05.
<br />D. If, the uncovered Work is not found to be defective,
<br />Contractor shall be allowed an increase in the Contract
<br />Price or an extension of the Contract Times, or both,
<br />directly attributable to such uncovering, exposure,
<br />observation, inspection, testing, replacement, and
<br />reconstruction. If the parties are unable to agree as to the
<br />amount or extent thereof, Contractor may make a Claim
<br />therefor as provided in Paragraph 10.05.
<br />13.05 Owner May Stop the Work
<br />A. If the Work is defective, or Contractor fails to supply
<br />sufficient skilled workers or suitable materials or
<br />equipment, or fails to perform the Work in such a way
<br />that the completed Work will conform to the Contract
<br />Documents, Owner may order Contractor to stop the
<br />Work, or any portion thereof, until the cause for such
<br />order has been eliminated; however, this right of Owner
<br />to stop the Work shall not give rise to any duty on the part
<br />of Owner to exercise this right for the benefit of
<br />Contractor, any Subcontractor, any Supplier, any other
<br />individual or entity, or any surety for, or employee or
<br />agent of any of them.
<br />13.06 Correction or Removal of Defective Work
<br />A. Promptly after receipt of notice, Contractor shall
<br />correct all defective Work, whether or not fabricated,
<br />installed, or completed, or, if the Work has been rejected
<br />by Engineer, remove it from the Project and replace it
<br />with Work that is not defective. Contractor shall pay all
<br />claims, costs, losses, and damages (including but not
<br />limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) arising out of
<br />or relating to such correction or removal (including but
<br />not limited to all costs of repair or replacement of work of
<br />others).
<br />B. When correcting defective Work under the terms of
<br />this Paragraph 13.06 or Paragraph 13.07, Contractor shall
<br />take no action that would void or otherwise impair
<br />Owner's special warranty and guarantee, if any, on said
<br />Work.
<br />13.07 Correction Period
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700-34
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