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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 defeGtive, E)F if the FepaiF of any damages to the land
<br /> replacement or reconstruction (including but not or areas r;,ade available fbF CONTRACTOR's use by
<br /> limited to all costs of repair or replacement of work of OWNER OF peFmitted by Laws and Regulations as
<br /> others); and OWNER shall be entitled to an !.A is found tG be
<br /> appropriate decrease in the Contract Price. If the d
<br /> parties are unable to agree as to the amount thereof,
<br /> OWNER may make a Claim therefor as provided in . (i) Fepair S6113h defeGtive land or areas, or
<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 and FeplaGe it with VVeFk that is net
<br /> Contract Times (or Milestones), or both, directly
<br /> attributable to such uncovering, exposure,
<br /> to the
<br /> observation, inspection, testing, replacement, and work of et" otherlad er areas ros'vt�e
<br /> reconstruction. If the parties are unable to agree as to from. If CONTRACTOR does not promptly comply
<br /> the amount or extent thereof, CONTRACTOR may with the terms of such instructions, or in an
<br /> make a Claim therefor as provided in paragraph emergency where delay would cause serious risk of
<br /> 10.05. loss or damage, OWNER may have the defective
<br /> Work corrected or repaired or may have the rejected
<br /> 13.05 OWNER May Stop the Work Work removed and replaced, and all Claims, costs,
<br /> losses, and damages (including but not limited to all
<br /> A. if the Work is defeGtive, eF GONTRACT-C) fees and charges of engineers, architects, attorneys,
<br /> fails to supply SUffiGient SU'p-rd wnrkprc; OF suitable and other professionals and all court or arbitration or
<br /> other dispute resolution costs)arising out of or relating
<br /> SUGh a way that the GOMpleted Work Will GGnfOFFn t9 to such correction or repair or such removal and
<br /> the ContraGt ments, OWNER may GFder CON replacement (including but not limited to all costs of
<br /> TRACTOR to stop the oF any paFtioR thereof, repair or replacement of work of others)will be paid by
<br /> til the f r h order' " been liiRate ; CONTRACTOR.
<br /> hGweveF, this right of OWNER to stop the Work shall
<br /> not give rise to any d6ity on the paFt of OWNER te CONTRACTOR
<br /> B. in special GiFGL]mstanGes where a paFtirr.
<br /> exercise this Fight foF the benefit of G-t-OR iF,�t,�,.,of��o�'�{�uiipmen�t his plata+��,,.�
<br /> n GGntiRUGUS
<br /> r individual �C}dfC--S--h RtTG�bb�tCli n of alll--theWo� ork, the
<br /> any r
<br /> ar e tity, GF MY suFety for, er employee eF ageRt e n-e-Frer-lion period fbr that item may StaFt tG FUR fFGm an
<br /> aRY of them- earlrn_lier-da.t�o-_�f so pFevided in the SpeGifiGatiGRS Gr by
<br /> 13.06 Correction or Removal of Defective Work
<br /> C. Where defective Work (and damage to other
<br /> A. CONTRACTOR shall correct all defective Work resulting therefrom) has been corrected or
<br /> Work, whether or not fabricated, installed, or removed and replaced under this paragraph 13.07,
<br /> completed, or, if the Work has been rejected by ENGI- the correction period hereunder with respect to such
<br /> NEER, remove it from the Project and replace it with Work will be extended for an additional period of one
<br /> Work that is not defective. CONTRACTOR shall pay year after such correction or removal and replacement
<br /> all Claims, costs, losses, and damages (including but has been satisfactorily completed.
<br /> not limited to all fees and charges of engineers,
<br /> architects, attorneys, and other professionals and all D. CONTRACTOR's obligations under this
<br /> court or arbitration or other dispute resolution costs) paragraph 13.07 are in addition to any other obligation
<br /> arising out of or relating to such correction or removal or warranty. The provisions of this paragraph 13.07
<br /> (including but not limited to all costs of repair or shall not be construed as a substitute for or a waiver
<br /> replacement of work of others). of the provisions of any applicable statute of limitation
<br /> or repose.
<br /> 13.07 Correction Period
<br /> 13.08 Acceptance of Defective Work
<br /> A. if WithiR GRe year after the date of Substan4al
<br /> may—be A. If, instead of requiring correction or removal
<br /> presGFibed by Laws or RegulatiORS or by the teirms of and replacement of defective Work, OWNER (and,
<br /> prior to ENGINEER's recommendation of final pay-
<br /> 00700-General Conditions REV 5-10-13
<br /> 00700-37
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<br /> Documents\00700-General Conditions REV 5-10-13.doc
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