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<br />13.9 If ENGINEER considers it necessary or advisable that covered Work be observed by
<br />ENGINEER or inspected or tested by Gathers, CONTRACTOR shall uncover, expose or
<br />otherwise make available for observation, inspection or testing as ENGINEER may require,
<br />that portion of the Work in question, furnishing all necessary labor, material and
<br />equipment. If it is found that such Work is defective, CONTRACTOR shall bear all direct,
<br />indirect and consequential costs of such uncovering, exposure, observation, inspection
<br />and testing and of satisfactory reconstruction, (including but not limited to fees and
<br />charges of engineers, architects, attorneys and other professionals), and OWNER shall
<br />be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable
<br />to agree as to the amount thereof, may make a claim therefor as provided in Article 11.
<br />If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an
<br />increase in the Contract 'Price or an extension of the Contract Time, or both, directly
<br />attributable to such uncovering, exposure, observation, inspection, testing and
<br />reconstruction; and, if the parties are unable to agree as to the amount or extent ihei euf,
<br />CONTRACTOR may make a claim therefor as provided in Articles 11 and 12.
<br />OWNER May Stop the Work:
<br />13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or
<br />suitable materials or equipment, or fails to furnish or perform the Work in such a way that
<br />the completed Work will conform to the Contract Documents, OWNER may order
<br />CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has
<br />been eliminated; however, this right of OWNER to stop the Work shall not give rise to any
<br />duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any
<br />other party.
<br />Correction or Removal of Defective Work:
<br />13.11 if required by ENGINEER, CONTRACTOR shall promptly either correct all defective Work,
<br />whether or not fabricated, installed or completed, or, if the Work has been rejected by
<br />ENGINEER, remove it from the site and replace it with nondefective Work which is
<br />satisfactory to the ENUltyEER. CONT RAL T GR shall bear ail dir'eui, indirect aria
<br />consequential costs of such correction or removal (including but not limited to fees and
<br />charges of engineers, architects, attorneys and other professionals) made necessary
<br />thereby.
<br />One Year Correction Period:
<br />13.12 If within one (1) year after the date of Substantial Completion or such longer period of time
<br />as may be prescribed by Daws or Regulations or by the terms of any applicable special
<br />guarantee required by the Contract Documents or by an specific provisions of the Contract
<br />Documents, any work is found to be defective, CONTRACTOR shall promptly, without cost
<br />to 0%'%1A'ER and in arrnrrianCe With r)1A1NFR'a written instrtint ions, either carrent SliCh
<br />defective Work, or, if it has been rejected by OWNER, remove it from the site and replace
<br />it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of
<br />such instructions, or in an emergency where delay would cause serious risk of loss or
<br />damage, OWNER may have the defective Work corrected or the rejected W,'J, k removed
<br />and replaced, and all direct, indirect and consequential costs of such removal and
<br />replacement (including but not limited to fees and charges of engineers, architects,
<br />attorneys and other professionals) will be paid by CONTRACTOR. In special
<br />circumstances where a particular item of equipment is placed in continuous service before
<br />Substantial Completion of all the Work, the correction period for that item may start to run
<br />from an earlier date if so provided in the Specifications or by Written Amendment,
<br />r.,sxr•PAL CcNDITTONS
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