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Contract Times (or Milestones), or both, directly work of others or other land or areas resulting there-
<br /> attributable to such uncovering, exposure, from. If CONTRACTOR does not promptly comply
<br /> observation, inspection, testing, replacement, and with the terms of such instructions, or in an
<br /> reconstruction. If the parties are unable to agree as to emergency where delay would cause serious risk of
<br /> the amount or extent thereof, CONTRACTOR may loss or damage, OWNER may have the defective
<br /> make a Claim therefor as provided in paragraph Work corrected or repaired or may have the rejected
<br /> 10.05. Work removed and replaced, and all Claims, costs,
<br /> losses, and damages (including but not limited to all
<br /> 13.05 OWNER May Stop the Work fees and charges of engineers, architects, attorneys,
<br /> and other professionals and all court or arbitration or
<br /> A. if the Work is defeGtiVe, oF CONTRACTOR other dispute resolution costs) arising out of or relating
<br /> fallstoSUffiment skilled workers Gir s:ita-hie to such correction or repair or such removal and
<br /> rn-ati or equipment, or fails to perfbrm the Work in replacement (including but not limited to all costs of
<br /> sUGh a way that the GOMpleted Werk Will Genform to repair or replacement of work of others)will be paid by
<br /> the (-ontron+ FlomUments OWNER may order CON_ CONTRACTOR.
<br /> TRACTOR to step the WeFk, oF any portion thereG�f,
<br /> +iI th n s��nh'order his heen eliminated;
<br /> �a ,e�a�se for B. In special circumstances where a particular
<br /> however, this right of OWNER to sten the Work shall item of equipment is placed in continuous service
<br /> FIE)t give rise to aRy duty OR the part of OWNER to before Substantial Completion of all the Work, the
<br /> evernise this right for the benefit of CONTRACTOR correction period for that item may start to run from an
<br /> any SubGGntraGtGF, any Supplier, any other individual earlier date if so provided in the Specifications or by
<br /> or entity, or any surety for or employee or agent of Written Amendment.
<br /> any of them.
<br /> C. Where defective Work (and damage to other
<br /> 13.06 Correction or Removal of Defective Work Work resulting therefrom) has been corrected or
<br /> removed and replaced under this paragraph 13.07,
<br /> A. CONTRACTOR shall correct all defective the correction period hereunder with respect to such
<br /> Work, whether or not fabricated, installed, or Work will be extended for an additional period of one
<br /> completed, or, if the Work has been rejected by ENGI- year after such correction or removal and replacement
<br /> NEER, remove it from the Project and replace it with has been satisfactorily completed.
<br /> Work that is not defective. CONTRACTOR shall pay
<br /> all Claims, costs, losses, and damages (including but D. CONTRACTOR's obligations under this
<br /> not limited to all fees and charges of engineers, paragraph 13.07 are in addition to any other obligation
<br /> architects, attorneys, and other professionals and all or warranty. The provisions of this paragraph 13.07
<br /> court or arbitration or other dispute resolution costs) shall not be construed as a substitute for or a waiver
<br /> arising out of or relating to such correction or removal of the provisions of any applicable statute of limitation
<br /> (including but not limited to all costs of repair or or repose.
<br /> replacement of work of others).
<br /> 13.08 Acceptance of Defective Work
<br /> 13.07 Correction Period
<br /> A. If, instead of requiring correction or removal
<br /> A. If within one year after the date of Substantial and replacement of defective Work, OWNER (and,
<br /> Completion or such longer period of time as may be prior to ENGINEER's recommendation of final pay-
<br /> prescribed by Laws or Regulations or by the terms of ment, ENGINEER) prefers to accept it, OWNER may
<br /> any applicable special guarantee required by the do so. CONTRACTOR shall pay all Claims, costs,
<br /> Contract Documents or by any specific provision of the losses, and damages (including but not limited to all
<br /> Contract Documents, any Work is found to be fees and charges of engineers, architects, attorneys,
<br /> defective, or if the repair of any damages to the land and other professionals and all court or arbitration or
<br /> or areas made available for CONTRACTOR's use by other dispute resolution costs) attributable to
<br /> OWNER or permitted by Laws and Regulations as OWNER's evaluation of and determination to accept
<br /> contemplated in paragraph 6.11.A is found to be such defective Work (such costs to be approved by
<br /> defective, CONTRACTOR shall promptly, without cost ENGINEER as to reasonableness) and the diminished
<br /> to OWNER and in accordance with OWNER's written value of the Work to the extent not otherwise paid by
<br /> instructions: (i) repair such defective land or areas, or CONTRACTOR pursuant to this sentence. If any
<br /> (ii) correct such defective Work or, if the defective such acceptance occurs prior to ENGINEER's recom-
<br /> Work has been rejected by OWNER, remove it from mendation of final payment, a Change Order will be
<br /> the Project and replace it with Work that is not issued incorporating the necessary revisions in the
<br /> defective, and (iii) satisfactorily correct or repair or Contract Documents with respect to the Work, and
<br /> remove and replace any damage to other Work, to the OWNER shall be entitled to an appropriate decrease
<br /> 00700-General Conditions REV 04-07.doc
<br /> 00700-36
<br /> FAPublic Works\ENGINEERING DIVISION PROJECTS\1210-Sandridge Driving Range Tee Renovation\Admim\bid documents\00700-General Conditions REV 04-07.doc
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