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A. If within one year after the date of Substantial
<br />Completion (or such longer period of time as may be
<br />prescribed by the terms of any applicable special
<br />guarantee required by the Contract Documents) or by any
<br />specific provision of the Contract Documents, any Work
<br />is found to be defective, or if the repair of any damages to
<br />the land or areas made available for Contractor's use by
<br />Owner or permitted by Laws and Regulations as
<br />contemplated in Paragraph 6.1 LA is found to be
<br />defective, Contractor shall promptly, without cost to
<br />Owner and in accordance with Owner's written
<br />instructions:
<br />1. repair such defective land or areas; or
<br />2. correct such defective Work; or
<br />3. if the defective Work has been rejected by
<br />Owner, remove it from the Project and replace it with
<br />Work that is not defective, and
<br />4. satisfactorily correct or repair or remove and
<br />replace any damage to other Work, to the work of
<br />others or other land or areas resulting therefrom.
<br />B. If Contractor does not promptly comply with the terms
<br />of Owner's written instructions, or in an emergency
<br />where delay would cause serious risk of loss or damage,
<br />Owner may have the defective Work corrected or repaired
<br />or may have the rejected Work removed and replaced. 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 repair or such removal
<br />and replacement (including but not limited to all costs of
<br />repair or replacement of work of others) will be paid by
<br />Contractor.
<br />C. In special circumstances where a particular item of
<br />equipment is placed in continuous service before
<br />Substantial Completion of all the Work, the correction
<br />period for that item may start to run from an earlier date if
<br />so provided in the Specifications.
<br />D. Where defective Work (and damage to other Work
<br />resulting therefrom) has been corrected or removed and
<br />replaced under this Paragraph 13.07, the correction period
<br />hereunder with respect to such Work will be extended for
<br />an additional period of one year after such correction or
<br />removal and replacement has been satisfactorily complet-
<br />ed.
<br />E. Contractor's obligations under this Paragraph 13.07
<br />are in addition to any other obligation or warranty. The
<br />provisions of this Paragraph 13.07 shall not be construed
<br />as a substitute for or a waiver of the provisions of any
<br />applicable statute of limitation or repose.
<br />13.08 Acceptance of Defective Work
<br />A. If, instead of requiring correction or removal and
<br />replacement of defective Work, Owner (and, prior to
<br />Engineer's recommendation of final payment, Engineer)
<br />prefers to accept it, Owner may do so. Contractor shall
<br />pay all claims, costs, losses, and damages (including but
<br />not 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) attributable to
<br />Owner's evaluation of and determination to accept such
<br />defective Work (such costs to be approved by Engineer as
<br />to reasonableness) and the diminished value of the Work
<br />to the extent not otherwise paid by Contractor pursuant to
<br />this sentence. If any such acceptance occurs prior to
<br />Engineer's recommendation of final payment, a Change
<br />Order will be issued incorporating the necessary revisions
<br />in the Contract Documents with respect to the Work, and
<br />Owner shall be entitled to an appropriate decrease in the
<br />Contract Price, reflecting the diminished value of Work
<br />so accepted. If the parties are unable to agree as to the
<br />amount thereof, Owner may make a Claim therefor as
<br />provided in Paragraph 10.05. If the acceptance occurs
<br />after such recommendation, an appropriate amount will be
<br />paid by Contractor to Owner.
<br />13.09 Owner May Correct Defective Work
<br />A. If Contractor fails within a reasonable time after
<br />written notice from Engineer to correct defective Work or
<br />to remove and replace rejected Work as required by
<br />Engineer in accordance with Paragraph 13.06.A, or if
<br />Contractor fails to perform the Work in accordance with
<br />the Contract Documents, or if Contractor fails to comply
<br />with any other provision of the Contract Documents,
<br />Owner may, after seven days written notice to Contractor,
<br />correct or remedy any such deficiency.
<br />B. In exercising the rights and remedies under this
<br />Paragraph 13.09, Owner shall proceed expeditiously. In
<br />connection with such corrective or remedial action,
<br />Owner may exclude Contractor from all or part of the
<br />Site, take possession of all or part of the Work and
<br />suspend Contractor's services related thereto, take posses-
<br />sion of Contractor's tools, appliances, construction
<br />equipment and machinery at the Site, and incorporate in
<br />the Work all materials and equipment stored at the Site or
<br />for which Owner has paid Contractor but which are stored
<br />elsewhere. Contractor shall allow Owner, Owner's
<br />representatives, agents and employees, Owner's other
<br />contractors, and Engineer and Engineer's consultants
<br />access to the Site to enable Owner to exercise the rights
<br />and remedies under this Paragraph.
<br />C. All claims, costs, losses, and damages (including but
<br />not 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) incurred or
<br />sustained by Owner in exercising the rights and remedies
<br />under this Paragraph 13.09 will be charged against
<br />Contractor, and a Change Order will be issued incorpo-
<br />rating the necessary revisions in the Contract Documents
<br />with respect to the Work; and Owner shall be entitled to
<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 />00700-35
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