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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
<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 />materials or equipment, or fails to perform the Work in
<br />the Contract Documents, OWNER may order CON
<br />TRACTOR to stop the Work, or any portion thereof,
<br />until the cause for such order has been eliminated;
<br />ee a e
<br />riot give rise to any duty on the part of OWNER to
<br />exercise this right for the benefit of CONTRACTOR,
<br />or entity, or any surety for, or employee or agent of
<br />any of them.
<br />13.06 Correction or Removal of Defective Work
<br />A. CONTRACTOR shall correct all defective
<br />Work, whether or not fabricated, installed, or
<br />completed, or, if the Work has been rejected by ENGI-
<br />NEER, remove it from the Project and replace it with
<br />Work that is not defective. CONTRACTOR shall pay
<br />all Claims, costs, losses, and damages (including but
<br />not limited to all fees and charges of engineers,
<br />architects, attorneys, and other professionals and all
<br />court or arbitration or other dispute resolution costs)
<br />arising out of or relating to such correction or removal
<br />(including but not limited to all costs of repair or
<br />replacement of work of others).
<br />13.07 Correction Period
<br />A. If within one year after the date of Substantial
<br />e.
<br />Contract Documents, any Work is found to be
<br />OWNER or permitted by Laws and Regulations as
<br />(ii) correct such defective Work or, if the defective
<br />the Project and replace it with Work that is not
<br />defective, and (iii) satisfactorily correct or repair or
<br />damage to other Work, to the
<br />work of others or other land or ar as resulting there
<br />from. If CONTRACTOR does not promptly comply
<br />with the terms of such instructions, or in an
<br />emergency where delay would cause serious risk of
<br />loss or damage, OWNER may have the defective
<br />Work corrected or repaired or may have the rejected
<br />Work removed and replaced, and all Claims, costs,
<br />losses, and damages (including but not limited to all
<br />fees and charges of engineers, architects, attorneys,
<br />and other professionals and all court or arbitration or
<br />other dispute resolution costs) arising out of or relating
<br />to such correction or repair or such removal and
<br />replacement (including but not limited to all costs of
<br />repair or replacement of work of others) will be paid by
<br />CONTRACTOR.
<br />B. In special circumstances where a particular
<br />item of equipment is placed in continuous service
<br />before Substantial Completion of all thc Work, the
<br />correction period for that item may start to run from an
<br />earlier date if so provided in thc Specifications or by
<br />C. Where defective Work (and damage to other
<br />Work resulting therefrom) has been corrected or
<br />removed and replaced under this paragraph 13.07,
<br />the correction period hereunder with respect to such
<br />Work will be extended for an additional period of one
<br />year after such correction or removal and replacement
<br />has been satisfactorily completed.
<br />D. CONTRACTOR's obligations under this
<br />paragraph 13.07 are in addition to any other obligation
<br />or warranty. The provisions of this paragraph 13.07
<br />shall not be construed as a substitute for or a waiver
<br />of the provisions of any applicable statute of limitation
<br />or repose.
<br />13.08 Acceptance of Defective Work
<br />A. If, instead of requiring correction or removal
<br />and replacement of defective Work, OWNER (and,
<br />prior to ENGINEER's recommendation of final pay -
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<br />Conditions REV 5-10-13.doc
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