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13.06 Correction or Removal of Defective Work C. Where defective Work (and damage to other
<br /> Work resulting therefrom) has been corrected or
<br /> A. CONTRACTOR shall correct all defective removed and replaced under this paragraph 13.07,
<br /> Work, whether or not fabricated, installed, or the correction period hereunder with respect to such
<br /> completed, or, if the Work has been rejected by ENGI- Work will be extended for an additional period of one
<br /> NEER, remove it from the Project and replace it with year after such correction or removal and replacement
<br /> Work that is not defective. CONTRACTOR shall pay has been satisfactorily completed.
<br /> all Claims, costs, losses, and damages (including but
<br /> not limited to all fees and charges of engineers, D. CONTRACTOR's obligations under this
<br /> architects, attorneys, and other professionals and all paragraph 13.07 are in addition to any other obligation
<br /> court or arbitration or other dispute resolution costs) or warranty. The provisions of this paragraph 13.07
<br /> arising out of or relating to such correction or removal shall not be construed as a substitute for or a waiver
<br /> (including but not limited to all costs of repair or of the provisions of any applicable statute of limitation
<br /> replacement of work of others). or repose.
<br /> 13.07 Correction Period 13.08 Acceptance of Defective Work
<br /> A. If within one year after the date of Substantial A. If, instead of requiring correction or removal
<br /> Completion or such longer period of time as may be and replacement of defective Work, OWNER (and,
<br /> prescribed by Laws or Regulations or by the terms of prior to ENGINEER's recommendation of final pay-
<br /> any applicable special guarantee required by the ment, ENGINEER.) prefers to accept it, OWNER may
<br /> Contract Documents or by any specific provision of the do so. CONTRACTOR shall pay all Claims, costs,
<br /> Contract Documents, any Work is found to be losses, and damages (including but not limited to all
<br /> defective, or if the repair of any damages to the land fees and charges of engineers, architects, attorneys,
<br /> or areas made available for CONTRACTOR's use by and other professionals and all court or arbitration or
<br /> OWNER or permitted by Laws and Regulations as other dispute resolution costs) attributable to
<br /> contemplated in paragraph 6.11.A is found to be OWNER's evaluation of and determination to accept
<br /> defective, CONTRACTOR shall promptly, without cost such defective Work (such costs to be approved by
<br /> to OWNER and in accordance with OWNER's written ENGINEER as to reasonableness)and the diminished
<br /> instructions: (i) repair such defective land or areas, or value of the Work to the extent not otherwise paid by
<br /> (ii) correct such defective Work or, if the defective CONTRACTOR pursuant to this sentence. If any
<br /> Work has been rejected by OWNER, remove it from such acceptance occurs prior to ENGINEER's recom-
<br /> the Project and replace it with Work that is not mendation of final payment, a Change Order will be
<br /> defective, and (iii) satisfactorily correct or repair or issued incorporating the necessary revisions in the
<br /> remove and replace any damage to other Work, to the Contract Documents with respect to the Work, and
<br /> work of others or other land or areas resulting there- OWNER shall be entitled to an appropriate decrease
<br /> from. If CONTRACTOR does not promptly comply in the Contract Price, reflecting the diminished value of
<br /> with the terms of such instructions, or in an Work so accepted. If the parties are unable to agree
<br /> emergency where delay would cause serious risk of as to the amount thereof, OWNER may make a Claim
<br /> loss or damage, OWNER may have the defective therefor as provided in paragraph 10.05. If the
<br /> Work corrected or repaired or may have the rejected acceptance occurs after such recommendation, an
<br /> Work removed and replaced, and all Claims, costs, appropriate amount will be paid by CONTRACTOR to
<br /> losses, and damages (including but not limited to all OWNER.
<br /> fees and charges of engineers, architects, attorneys,
<br /> and other professionals and all court or arbitration or 13.09 OWNER May Correct Defective Work
<br /> other dispute resolution costs) arising out of or relating
<br /> to such correction or repair or such removal and A. If CONTRACTOR fails within a reasonable
<br /> replacement (including but not limited to all costs of time after written notice from ENGINEER to correct
<br /> repair or replacement of work of others)will be paid by defective Work or to remove and replace rejected
<br /> CONTRACTOR. Work as required by ENGINEER in accordance with
<br /> paragraph 13.06.A, or if CONTRACTOR fails to
<br /> B. In special circumstances where a particular perform the Work in accordance with the Contract
<br /> item of equipment is placed in continuous service Documents, or if CONTRACTOR fails to comply with
<br /> before Substantial Completion of all the Work, the any other provision of the Contract Documents,
<br /> correction period for that item may start to run from an OWNER may, after seven days written notice to
<br /> earlier date if so provided in the Specifications or by CONTRACTOR, correct and remedy any such
<br /> Written Amendment, deficiency.
<br /> 00700-General Conditions REV 04-07.doc
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<br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\1306 Oslo Road(E of 15th Ave SW)Pipe Culvert Improvement\Admim\bid documents\00700-General Conditions REV 04-07.doc
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