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satisfactory replacement or reconstruction (including
<br />but not limited to all costs of repair or replacement of
<br />work of others); and OWNER shall be entitled to an
<br />appropriate decrease in the Contract Price. If -:ie
<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 t -ie
<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
<br />to 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 />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
<br />ENGINEER, remove it from the Project and replace it
<br />with Work that is not defective. CONTRACTOR shall
<br />pay all Claims, costs, losses, and damages (including
<br />but 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 />C_AmlFR nr n mitted by Laws and RequlatiGRs as
<br />GGRtemnlated in paFagFaph 6.44.A is found to h
<br />to 01A/NIFR and ,. rd
<br />enc+n IGtinnc• /•\ r pair �nh defer.+i„e land n
<br />�_.___._.._. �•i •fir-.. .._.... .......�...........,,....,, areas,
<br />(ii) GorreGt 6uGh defective Worker or, if the d f
<br />Work has been r eo+e-1 by OWNER, FeR;Gve i+ f
<br />the Project and FeplaGe it with VV k that RE)t
<br />the work of n+herc nr n+her I-;n.J Ar M ;irpRc;
<br />+ter If CONTRACTOR does not promptly
<br />comply 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
<br />relating to such correction or repair or such removal
<br />and replacement (including but not limited to all costs
<br />of repair or replacement of work of others) will be paid
<br />by CONTRACTOR.
<br />B.
<br />item of a en+ nlaGed ORnn+i.. e
<br />before SubstaRtial COMPletilGIR of all the lA/rk the
<br />r,nrrer,fiPn period for that item may start to pun fFern an
<br />eorGer H-e+e if cin provided in the Qnenifinafie by
<br />\A/ri++en AFneRdmen+
<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 re-
<br />placement has been satisfactorily completed.
<br />D. CONTRACTOR's obligations under this
<br />paragraph 13.07 are in addition to any other
<br />obligation or warranty. The provisions of this
<br />paragraph 13.07 shall not be construed as a
<br />substitute for or a waiver of the provisions of any
<br />applicable statute of limitation 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-
<br />ment, ENGINEER) prefers to accept it, OWNER may
<br />do so. CONTRACTOR shall pay all Claims, costs,
<br />losses, and damages (including but not limited to all
<br />00700 - General Conditions REV 5-10-13.doe
<br />00700-37
<br />FAPublic Works\ENGINEERING DIVISION PROJECTS\1638 6th Avenue US -1 to 21st Street Resurfacing (SCOP)\1-Admin\Bids\Bid Documents\Master Contract Documents\00700 -
<br />General Conditions REV 5-10-13.doc
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