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' inspections, tests , or approvals required for OWNER's and 13. 06 Correction or Removal of Defective Work
<br /> ENGINEER's acceptance of materials or equipment to be
<br /> incorporated in the Work; or acceptance of materials , mix A. CONTRACTOR shall correct all defective
<br /> Work,
<br /> designs, or equipment submitted for approval prior to whether or not fabricated, installed , or completed , or, if the
<br /> CONTRACTOR's purchase thereof for incorporation in the Work has been rejected by ENGINEER, remove it
<br /> from the
<br /> Work. Such inspections , tests , or approvals shall be performed Project and replace it with Work that is not
<br /> defective.
<br /> by organizations acceptable to OWNER and ENGINEER. CONTRACTOR shall pay all Claims , costs, losses , and
<br /> damages (including but not limited to all fees and charges of
<br /> E. If any Work (or the work of others ) that is to be engineers , architects , attorneys, and other
<br /> professionals and all
<br /> inspected, tested , or approved is covered by CONTRACTOR court or arbitration or other dispute resolution costs ) arising
<br /> out
<br /> without written concurrence of ENGINEER, it must, if requested of or relating to such correction or removal (including but
<br /> not
<br /> by ENGINEER, be uncovered for observation. limited to all costs of repair or replacement of work of others ).
<br /> F. Uncovering Work as provided in paragraph 13.03. E 13 . 07 Correction Period
<br /> shall be at CONTRACTOR's expense unless CONTRACTOR
<br /> ' has given ENGINEER timely notice of CONTRACTOR's A. If within one year after the date of
<br /> Substantial
<br /> intention to cover the same and ENGINEER has not acted with Completion or such longer period of time as may be prescribed
<br /> reasonable promptness in response to such notice. by Laws or Regulations or by the terms of any applicable
<br /> special guarantee required by the Contract Documents or by
<br /> 13 . 04 Uncovering Work any specific provision of the Contract Documents , any Work is
<br /> found to be defective, or if the repair of any damages to the land
<br /> A. If any Work is covered contrary to the written request or areas made available for CONTRACTOR's use by OWNER
<br /> of ENGINEER, it must, if requested by ENGINEER, be or permitted by Laws and Regulations
<br /> as contemplated in
<br /> uncovered for ENGINEER's observation and replaced at paragraph 6. 11 .A is found to be defective, CONTRACTOR shall
<br /> ' CONTRACTOR's expense. promptly, without cost to OWNER and in accordance with
<br /> OWNER's written instructions: (i) repair such defective land or
<br /> B . If ENGINEER considers it necessary or advisable that areas , or (ii) correct such defective Work or, if the defective
<br /> covered Work be observed by ENGINEER or inspected or Work has been rejected by OWNER, remove it from the Project
<br /> ' tested by others, CONTRACTOR, at ENGINEER's request, and replace it with Work that is not defective, and
<br /> (iii ) satisfac-
<br /> shall uncover, expose, or otherwise make available for torily correct or repair or remove and replace any damage to
<br /> observation, inspection, or testing as ENGINEER may require, other Work, to the work of others or other land
<br /> or areas
<br /> that portion of the Work in question, furnishing all necessary resulting therefrom . If CONTRACTOR does not
<br /> promptly
<br /> labor, material, and equipment. If it is found that such Work is comply with the terms of such instructions, or in an
<br /> emergency
<br /> defective, CONTRACTOR shall pay all Claims, costs, losses , where delay would cause serious risk of loss
<br />or damage,
<br /> and damages (including but not limited to all fees and charges OWNER may have the defective Work corrected or repaired or
<br /> of engineers , architects, attorneys , and other professionals and may have the rejected Work removed and replaced,
<br /> and all
<br /> ' all court or arbitration or other dispute resolution costs) arising Claims , costs , losses , and damages (including but
<br /> not limited to
<br /> out of or relating to such uncovering, exposure, observation, all fees and charges of engineers , architects
<br />, attorneys, and
<br /> inspection, and testing , and of satisfactory replacement or other professionals and all court or arbitration or
<br /> other dispute
<br /> reconstruction (including but not limited to all costs of repair or resolution costs) arising out of or relating to such
<br /> correction or
<br /> ' replacement of work of others); and OWNER shall be entitled to repair or such removal and replacement (including
<br /> but not
<br /> an appropriate decrease in the Contract Price. If the parties are limited to all costs of repair or replacement of work
<br /> of others )
<br /> unable to agree as to the amount thereof, OWNER may make a will be paid by CONTRACTOR.
<br /> Claim therefore as provided in paragraph 10.05. If, however,
<br /> such Work is not found to be defective, CONTRACTOR shall be B . In special circumstances where a particular item of
<br /> allowed an increase in the Contract Price or an extension of the equipment is placed in continuous service before Substantial
<br /> Contract Times (or Milestones ), or both, directly attributable to Completion of all the Work, the correction period
<br /> for that item
<br /> such uncovering, exposure, observation, inspection , testing , may start to run from an earlier date
<br /> if so provided in the
<br /> ' replacement, and reconstruction. If the parties are unable to Specifications or by Written Amendment.
<br /> agree as to the amount or extent thereof, CONTRACTOR may
<br /> make a Claim therefore as provided in paragraph 10.05. C. Where defective Work (and damage to other Work
<br /> resulting therefrom) has been corrected or removed and
<br /> 13. 05 OWNER May Stop the Work replaced under this paragraph 13.07, the correction period
<br /> hereunder with respect to such Work will be extended for an
<br /> A. If the Work is defective, or CONTRACTOR fails to additional period of one year after such correction or
<br /> removal
<br /> supply sufficient skilled workers or suitable materials or and replacement has been satisfactorily completed.
<br /> equipment, or fails to perform the Work in such a way that the
<br /> completed Work will conform to the Contract Documents , D . CONTRACTOR's obligations under this paragraph
<br /> OWNER may order CONTRACTOR to stop the Work, or any 13. 07 are in addition to any other obligation or warranty.
<br /> The
<br /> portion thereof, until the cause for such order has been elimi- provisions of this paragraph 13. 07 shall not be
<br /> construed as a
<br /> nated ; however, this right of OWNER to stop the Work shall not substitute for or a waiver of the provisions of any
<br /> applicable
<br /> give rise to any duty on the part of OWNER to exercise this right statute of limitation or repose.
<br /> for the benefit of CONTRACTOR, any Subcontractor, any
<br /> Supplier, any other individual or entity, or any surety for, or 13 . 08 Acceptance of Defective Work
<br /> employee or agent of any of them.
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