Laserfiche WebLink
F. Uncovering Work as provided in paragraph <br />13.03.E shall be at CONTRACTOR's expense unless <br />CONTRACTOR has given ENGINEER timely notice <br />of CONTRACTOR's intention to cover the same and <br />ENGINEER has not acted with reasonable prompt- <br />ness in response to such notice. <br />13.04 Uncovering Work <br />A. If any Work is covered contrary to the written <br />request of ENGINEER, it must, if requested by ENGI- <br />NEER, be uncovered for ENGINEER's observation <br />and replaced at CONTRACTOR's expense. <br />B. If ENGINEER considers it necessary or <br />advisable that covered Work be observed by ENGI- <br />NEER or inspected or tested by others, CONTRAC- <br />TOR, at ENGINEER's request, shall uncover, expose, <br />or otherwise make available for observation, inspec- <br />tion, or testing as ENGINEER may require, that <br />portion of the Work in question, furnishing all neces- <br />sary labor, material, and equipment. If it is found that <br />such Work is 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 />attomeys, and other professionals and all court or <br />arbitration or other dispute resolution costs) arising out <br />of or relating to such uncovering, exposure, observa- <br />tion, inspection, and testing, and of satisfactory <br />replacement or reconstruction (including but not <br />limited to all costs of repair or replacement of work of <br />others); and OWNER shall be entitled to an <br />appropriate decrease in the Contract Price. If the <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 <br />Contract Times (or Milestones), or both, directly <br />attributable to such uncovering, exposure, <br />observation, inspection, testing, replacement, and <br />reconstruction. If the parties are unable to agree as to <br />the amount or extent thereof, CONTRACTOR may <br />make a Claim therefor as provided in paragraph <br />10.05. <br />13.05 OWNER May Stop the Work <br />A. If the Work is defective, or CONTRACTOR <br />fails to supply sufficient skilled workers or suitable <br />however, this right of OWNER to stop the Work shall <br />00700 - 36 <br />F:\Public Works\ENGINEERING DIVISION PROJECTS \1314 -107th Ave Milling_90th St to 94th St\Ad <br />13.doc <br />any of them. <br />Work <br />all defective <br />or <br />by ENGI- <br />it with <br />shall pay <br />but <br />engineers, <br />and all <br />costs) <br />or removal <br />of repair or <br />Substantial <br />13.06 Correction or Removal of Defective <br />A. CONTRACTOR shall correct <br />Work, whether or not fabricated, installed, <br />completed, or, if the Work has been rejec`.ed <br />NEER, remove it from the Project and replace <br />Work that is not defective. CONTRACTOR <br />all Claims, costs, losses, and damages (ncluding <br />not limited to all fees and charges of <br />architects, attorneys, and other professionals <br />court or arbitration or other dispute resolution <br />arising out of or relating to such correction <br />(including but not limited to all costs <br />replacement of work of others). <br />13.07 Correction Period <br />A. If within one after the date <br />year of <br />by Laws or Regulations by <br />the terms of <br />by the <br />prescribed or <br />any applicable special <br />guarantee required <br />Contract Documents, any Work is found <br />to be <br />to the land <br />use by <br />a:, <br />defective, or if the repair damages <br />of any <br />or areas made available for CONTRACTOR's <br />OWNER or by Laws Regulations <br />permitted and <br />defective, CONTRACTOR <br />without cost <br />shall promptly, <br />instructions: (i) repair such defective land <br />or areas, or <br />defective <br />it from <br />(ii) correct such defective Work if the <br />or, <br />Work has been rejected by OWNER, <br />remove <br />defective, and (iii) satisfactorily <br />or repair or <br />Work, to the <br />there <br />comply <br />or in an <br />risk of <br />defective <br />the rejected <br />costs, <br />Milted to all <br />attorneys, <br />or <br />or relating <br />and <br />all costs of <br />I be paid by <br />a particular <br />correct <br />remove and replace any damage to <br />other <br />work of others or other land <br />or areas resulting <br />from. If CONTRACTOR does <br />not promptly <br />with the terms of such instructions, <br />emergency where delay would cause serious <br />loss or damage, OWNER may have the <br />Work corrected or repaired or may have <br />Work removed and replaced, and all Claims, <br />losses, and damages (including but not I <br />fees and charges of engineers, architects, <br />and other professionals and all court or arbitration <br />other dispute resolution costs) arising out of <br />to such correction or repair or such removal <br />replacement (including but not limited to <br />repair or replacement of work of others) wi <br />CONTRACTOR. <br />B. In special circumstances <br />where <br />item of equipment is in <br />placed continuous <br />service <br />00700 - General Conditions <br />min\bid documents\Master Contract Documents \00700 - General Conditions <br />REV 5-10-13.doc <br />REV 5-10- <br />