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<br /> y, A. If any Work is covered contrary to the written 13.06 Correction or Removal of Defective Work
<br /> request of ENGINEER, it must, if requested by ENGI-
<br /> NEER, be uncovered for ENGINEER's observation A. CONTRACTOR shall correct all defective
<br /> and replaced at CONTRACTOR's expense. Work, whether or not fabricated , installed , or
<br /> completed , or, if the Work has been rejected by
<br /> B . If ENGINEER considers it necessary or ENGINEER, remove it from the Project and replace it
<br /> advisable that covered Work be observed by ENGI- with Work that is not defective. CONTRACTOR shall
<br /> M NEER or inspected or tested by others, CONTRAC- pay all Claims, costs , losses, and damages (including
<br /> TOR, at ENGINEER's request, shall uncover, expose , but not limited to all fees and charges of engineers,
<br /> or otherwise make available for observation , inspec- architects , attorneys , and other professionals and all
<br /> tion, or testing as ENGINEER may require, that court or arbitration or other dispute resolution costs)
<br /> r portion of the Work in question, furnishing all neces- arising out of or relating to such correction or removal
<br /> sary labor, material, and equipment. If it is found that (including but not limited to all costs of repair or
<br /> such Work is defective, CONTRACTOR shall pay all replacement of work of others).
<br /> Claims , costs, losses, and damages (including but not
<br /> limited to all fees and charges of engineers , 13 . 07 Correction Period
<br /> architects, attorneys, and other professionals and all
<br /> court or arbitration or other dispute resolution costs) A. If within one year after the date of Substantial
<br /> arising out of or relating to such uncovering , Completion or such longer period of time as may be
<br /> exposure, observation , inspection , and testing , and of prescribed by Laws or Regulations or by the terms of
<br /> satisfactory replacement or reconstruction (including any applicable special guarantee required by the
<br /> 40 but not limited to all costs of repair or replacement of Contract Documents or by any specific provision of
<br /> work of others); and OWNER shall be entitled to an the Contract Documents, any Work is found to be
<br /> appropriate decrease in the Contract Price. If the defective, or if the repair of any damages to the land
<br /> parties are unable to agree as to the amount thereof, or areas made available for CONTRACTOR's use by
<br /> 4' OWNER may make a Claim therefor as provided in OWNER or permitted by Laws and Regulations as
<br /> paragraph 10 . 05. If, however, such Work is not found contemplated in paragraph 6 . 11 .A is found to be
<br /> to be defective, CONTRACTOR shall be allowed an defective, CONTRACTOR shall promptly, without cost
<br /> • increase in the Contract Price or an extension of the to OWNER and in accordance with OWNER's written
<br /> Contract Times (or Milestones), or both, directly instructions : (i) repair such defective land or areas, or
<br /> attributable to such uncovering , exposure , (ii ) correct such defective Work or, if the defective
<br /> observation , inspection , testing , replacement, and Work has been rejected by OWNER, remove it from
<br /> reconstruction. If the parties are unable to agree as to the Project and replace it with Work that is not
<br /> the amount or extent thereof, CONTRACTOR may defective, and (iii ) satisfactorily correct or repair or
<br /> make a Claim therefor as provided in paragraph remove and replace any damage to other Work, to the
<br /> 40 10. 05. work of others or other land or areas resulting there-
<br /> from . If CONTRACTOR does not promptly comply
<br /> 13 .05 OWNER May Stop the Work with the terms of such instructions , or in an
<br /> emergency where delay would cause serious risk of
<br /> +p A If the Work Is defeetiye or QQ loss or damage, OWNER may have the defective
<br /> fails to supply sufficient skilled workers or table Work corrected or repaired or may have the rejected
<br /> materials or equipment, or fails to perform e Work in Work removed and replaced , and all Claims , costs ,
<br /> such a way that the completed Wor III conform to losses, and damages ( including but not limited to all
<br /> the Contract Documents, OWN may order CON- fees and charges of engineers, architects , attorneys ,
<br /> TRACTOR to stop the Work r any portion thereof, and other professionals and all court or arbitration or
<br /> until the cause for such der has been eliminated ; other dispute resolution costs ) arising out of or
<br /> ME however, this right of NER to stop the Work shall relating to such correction or repair or such removal
<br /> not give rise to duty on the part of OWNER to and replacement (including but not limited to all costs
<br /> exercise this ht for the benefit of CONTRACTOR, of repair or replacement of work of others) will be paid
<br /> r, any Sub tractor, any Supplier, any other individual by CONTRACTOR.
<br /> B. In special circumstances where a particular
<br /> item of equipment is placed in continuous service
<br /> 40 before Substantial Completion of all the Work, the
<br /> correction period for that item may start to run from an
<br /> earlier date if so provided in the Specifications or by
<br /> on Written Amendment.
<br /> 00700 - Geneal Conditions REV 04-07
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