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of CONTRACTOR's intention to cover the same and <br /> ENGINEER has not acted with reasonable prompt- anyof them. <br /> ness in response to such notice. <br /> 13.06 Correction or Removal of Defective Work <br /> 13.04 Uncovering 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. if within one year after the date of Substan#a_! <br /> limited to all fees and charges of engineers, architects, <br /> attorneys, and other professionals and all court or prescribed by Laws or Rorn latir,ns or by the terms of <br /> r J ��.r..�r�,.r., <br /> arbitration or other dispute resolution costs) arising out any applicable special guarantee required by the <br /> of or relating to such uncovering, exposure, observa- <br /> tion, inspection, and testing, and of satisfactory QontF@Gt DeGlUments, any Work is found te--b=e <br /> replacement or reconstruction (including but not defl Gr if the repair ef any damages to the land <br /> limited to all costs of repair or replacement of work of <br /> others); and OWNER shall be entitled to an OWNER or permitted by Laws na Regl lat'GR <br /> appropriate decrease in the Contract Price. If the Gontemplated OR paragraph 6.11.A is found tG -be <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 Rst.rur_,tions� (i) repair suGh defeGtiVe land or areas, or <br /> to be defective, CONTRACTOR shall be allowed an <br /> increase in the Contract Price or an extension of the <br /> Contract Times (or Milestones), or both, directly the Preject—and replaGe it with Work that Rot <br /> attributable to such uncovering, exposure, <br /> observation, inspection, testing, replacement, and and FeplaGe aRy damage to other Work, to the <br /> reconstruction. If the parties are unable to agree as to �.A.(A_Fk of others or other land or areas resulting there <br /> the amount or extent thereof, CONTRACTOR may frem. 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 /> A. If the Werk is defective, er CONTRACTOR losses, and damages (including but not limited to all <br /> fees and charges of engineers, architects, attorneys, <br /> Materials Gr equipment, or fails to perform the VVeFk On and other professionals and all court or arbitration or <br /> other dispute resolution costs) arising out of or relating <br /> the CORtr@Gt Documents, OWNER may P_Fdear GON to such correction or repair or such removal and <br /> TRACTOR to stop the or any portion thereef, replacement (including but not limited to all costs of <br /> until the cause for ,r•h orrtor has been eliminated; repair or replacement of work of others)will be paid by <br /> i Davi r mvc�-rcrv�ccrr -r�rr�rcv, <br /> however, this right ef OWNER te stop the VVGrk shall <br /> CONTRACTOR. <br /> nGt_give rico to any duty on the part of OWNER t <br /> r.�, a <br /> exemise this right for the beReft of CONTRACTOR, <br /> B. <br /> any SubGE)ntFaGtGF, any Supplier, any other individual item Gf equipment is pl@Ged in Gentinuous seFvi___Q <br /> before Suhrt;;nt*AI CnmpletiGR of all the Work, <br /> 00700-General Conditions REV 5-10-13.doc <br /> 00700-37 <br /> F_\Public Works\ENGINEERING DIVISION PROJECTS\084513-Old Dixie Hwy Sidewalk(38th Ln-45th St)Wdmim\bid documents\Master Contract Documents\00700-General Conditions <br /> REV 5-10-13.doc <br />