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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 Work,
<br /> designs, or equipment submitted for approval prior to whether or not fabricated , installed , or completed, or, if the Work
<br /> CONTRACTOR's purchase thereof for incorporation in the has been rejected by ENGINEER, remove it from the Project
<br /> Work. Such inspections, tests, or approvals shall be performed and replace it with Work that is not defective. CONTRACTOR
<br /> by organizations acceptable to OWNER and ENGINEER. shall pay all Claims, costs, losses, and damages (including but
<br /> not limited to all fees and charges of engineers, architects,
<br /> E. If any Work (or the work of others) that is to be attorneys, and other professionals and all court or arbitration or
<br /> inspected , tested, or approved is covered by CONTRACTOR other dispute resolution costs) arising out of or relating to such
<br /> without written concurrence of ENGINEER, it must, if requested correction or removal (including but not limited to all costs of
<br /> by ENGINEER, be uncovered for observation . 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 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 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 (iii) satisfac-
<br /> shall uncover, expose, or otherwise make available for tonly 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 or areas resulting
<br /> that portion of the Work in question, furnishing all necessary therefrom. If CONTRACTOR does not promptly comply with
<br /> labor, material, and equipment. If it is found that such Work is the terms of such instructions, or in an emergency where delay
<br /> defective, CONTRACTOR shall pay all Claims, costs, losses, would cause serious risk of loss or damage, OWNER may have
<br /> and damages (including but not limited to all fees and charges the defective Work corrected or repaired or may have the
<br /> of engineers, architects, attorneys, and other professionals and rejected Work removed and replaced, and all Claims, costs,
<br /> all court or arbitration or other dispute resolution costs) arising losses, and damages (including but not limited to all fees and
<br /> out of or relating to such uncovering, exposure, observation, charges of engineers, architects, attorneys, and other
<br /> inspection, and testing, and of satisfactory replacement or professionals and all court or arbitration or other dispute
<br /> reconstruction (including but not limited to all costs of repair or resolution costs) arising out of or relating to such correction or
<br /> replacement of work of others); and OWNER shall be entitled to repair or such removal and replacement (including but not
<br /> an appropriate decrease in the Contract Price. If the parties are limited to all costs of repair or replacement of work of others) will
<br /> unable to agree as to the amount thereof, OWNER may make a be paid by CONTRACTOR. The OWNER and CONTRACTOR
<br /> Claim therefore as provided in paragraph 10.05. If, however, agree that a warranty inspection shall be scheduled no later
<br /> such Work is not found to be defective, CONTRACTOR shall be than eleven (11 ) months after final payment under this Contract
<br /> allowed an increase in the Contract Price or an extension of the so that the OWNER and the CONTRACTOR may inspect and
<br /> Contract Times (or Milestones), or both, directly attributable to otherwise examine the Work prior to the expiration of the
<br /> such uncovering, exposure, observation, inspection, testing, Performance Bond.
<br /> replacement, and reconstruction. If the parties are unable to
<br /> agree as to the amount or extent thereof, CONTRACTOR may B. In special circumstances where a particular item of
<br /> make a Claim therefore as provided in paragraph 10.05. equipment is placed in continuous service before Substantial
<br /> Completion of all the Work, the correction period for that item
<br /> 13 .05 OWNER May Stop the Work may start to run from an earlier date if so provided in the
<br /> Specifications or by Written Amendment.
<br /> A. If the Work is defective, or CONTRACTOR fails to
<br /> supply sufficient skilled workers or suitable materials or C. Where defective Work (and damage to other Work
<br /> equipment, or fails to perform the Work in such a way that the resulting therefrom) has been corrected or removed and
<br /> completed Work will conform to the Contract Documents, replaced under this paragraph 13.07, the correction period
<br /> OWNER may order CONTRACTOR to stop the Work, or any hereunder with respect to such Work will be extended for an
<br /> portion thereof, until the cause for such order has been elimi- additional period of one year after such correction or removal
<br /> nated; however, this right of OWNER to stop the Work shall not and replacement has been satisfactorily completed.
<br /> give rise to any duty on the part of OWNER to exercise this right
<br /> for the benefit of CONTRACTOR, any Subcontractor, any D. CONTRACTOR's obligations under this paragraph
<br /> Supplier, any other individual or entity, or any surety for, or 13.07 are in addition to any other obligation or warranty. The
<br /> employee or agent of any of them. provisions of this paragraph 13.07 shall not be construed as a
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