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0 <br />0 <br />® <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 Laws 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 OWNER and in accordance with OWNER's written instructions, either correct such <br />defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it <br />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 damage, <br />OWNER may have the defective Work corrected or the rejected Work removed and replaced, <br />and all direct, indirect and consequential costs of such removal and replacement (including <br />but not limited to fees and charges of engineers, architects, attorneys and other professionals) <br />will be paid by CONTRACTOR. In special circumstances where a particular item of <br />equipment is placed in continuous service before Substantial Completion of all the Work, the <br />correction period for that item may start to run from an earlier date if so provided in the <br />. <br />Specifications or by Written Amendment. <br />1 <br />Acceptance of Defective Work: <br />13.13 If, instead of requiring correction or removal and replacement of defective Work, OWNER <br />(' (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to <br />L accept it, OWNER may do so. CONTRACTOR shall bear all direct, indirect and <br />consequential costs attributable to OWNER's evaluation of and determination to accept such <br />f defective Work (such costs to be approved by ENGINEER as to reasonableness and to <br />I include but not be limited to fees and charges of engineers, architects, attorneys and other <br />professionals). If any such acceptance occurs prior to ENGINEER's recommendation of final <br />payment, a Change Order will be issued incorporating the necessary revisions in the Contract <br />Documents with respect to the Work; and OWNER shall be entitled to an appropriate <br />i decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, <br />OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after <br />such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. <br />i <br />OWNER May Correct Defective Work: <br />13.14 If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to <br />�_.. proceed to correct and to correct defective Work or to remove and replace rejected Work as <br />required by ENGINEER in accordance with paragraph 13.11 or if CONTRACTOR fails to <br />perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails <br />L to comply with any other provision of the Contract Documents, OWNER may, after seven (7) <br />days written notice to CONTRACTOR, correct and remedy any such deficiency. In <br />exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. <br />To the extent necessary to complete corrective and remedial action, OWNER may exclude <br />CONTRACTOR from all or part of the site, take possession of all or part of the Work, and <br />suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's <br />tools, appliances, construction equipment and machinery at the site and incorporate in the <br />Work all materials and equipment stored at the site or for which OWNER has paid <br />CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, <br />access to the site as may be necessary to enable OWNER to exercise the rights and remedies <br />GENERAL CONDITIONS <br />GC34 <br />