of CONTRACTOR's intention to cover the same and
<br /> ENGINEER has not acted with reasonable prompt- ,any of thea
<br /> ness in response to such notice .
<br /> 13 . 06 Correction or Removal of Defective Work
<br /> 13 . 04 Uncovering Work
<br /> A. CONTRACTOR shall correct all defective
<br /> A. If any Work is covered contrary to the written Work, whether or not fabricated , installed , or
<br /> request of ENGINEER , it must, if requested by ENGI - completed , or, if the Work has been rejected by ENGI -
<br /> NEER , be uncovered for ENGINEER's observation NEER, remove it from the Project and replace it with
<br /> and replaced at CONTRACTOR' s expense. Work that is not defective . CONTRACTOR shall pay
<br /> all Claims , costs , losses , and damages (including but
<br /> B . If ENGINEER considers it necessary or not limited to all fees and charges of engineers ,
<br /> advisable that covered Work be observed by ENGI - architects , attorneys, and other professionals and all
<br /> NEER or inspected or tested by others , CONTRAC- court or arbitration or other dispute resolution costs)
<br /> TOR , at ENGINEER's request, shall uncover, expose, arising out of or relating to such correction or removal
<br /> or otherwise make available for observation , inspec- (including but not limited to all costs of
<br /> repair or
<br /> tion , or testing as ENGINEER may require , that replacement of work of others) .
<br /> portion of the Work in question , furnishing all neces-
<br /> sary labor, material , and equipment. If it is found that 13 . 07 Correction Period
<br /> such Work is defective , CONTRACTOR shall pay all
<br /> Claims , costs , losses , and damages ( including but not A. If within one year after the date of Substantial
<br /> limited to all fees and charges of engineers, architects , Completion or such longer period of time as may be
<br /> attorneys , and other professionals and all court or prescribed by Laws or Regulations or by the terms
<br /> of
<br /> arbitration or other dispute resolution costs) arising out any applicable special guarantee required by the
<br /> of or relating to such uncovering , exposure , observa- Contract Documents or by any specific provision of the
<br /> tion , inspection , and testing , and of satisfactory Contract Documents , any Work is found to be
<br /> replacement or reconstruction ( including but not defective , or if the repair of any damages to the land
<br /> limited to all costs of repair or replacement of work of or areas made available for CONTRACTOR's use by
<br /> others) ; and OWNER shall be entitled to an OWNER or permitted by Laws and Regulations as
<br /> appropriate decrease in the Contract Price. If the contemplated in paragraph 6 . 11 .A is found to be
<br /> parties are unable to agree as to the amount thereof, defective , CONTRACTOR shall promptly, without cost
<br /> OWNER may make a Claim therefor as provided in to OWNER and in accordance with OWNER's written
<br /> paragraph 10 . 05 . If, however, such Work is not found instructions: (i) repair such defective land or areas , or
<br /> to be defective, CONTRACTOR shall be allowed an ( ii) correct such defective Work or, if the defective
<br /> increase in the Contract Price or an extension of the Work has been rejected by OWNER, remove it from
<br /> Contract Times (or Milestones) , or both , directly the Project and replace it with Work that is not
<br /> attributable to such uncovering , exposure , defective , and ( iii) satisfactorily correct or repair or
<br /> observation , inspection , testing , replacement, and remove and replace any damage to other Work, to the
<br /> reconstruction . If the parties are unable to agree as to work of others or other land or areas resulting there-
<br /> the amount or extent thereof, CONTRACTOR may from . If CONTRACTOR does not promptly comply
<br /> make a Claim therefor as provided in paragraph with the terms of such instructions, or in an
<br /> 10 . 05 . emergency where delay would cause serious risk of
<br /> loss or damage, OWNER may have the defective
<br /> 13 . 05 OWNER May Stop the Work Work corrected or repaired or may have the rejected
<br /> Work removed and replaced , and all Claims , costs ,
<br /> A. if the WeFk is defeetove , eF losses, and damages (including but not limited to all
<br /> fails to supply sufficient skilled workers or stable fees and charges of engineers , architects , attorneys
<br />,
<br /> materials or equipment, or fails to perform a Work in and other professionals and all court or arbitration or
<br /> such a way that the completed Wo
<br /> dl conform to other dispute resolution costs) arising out of or relating
<br /> the Contract Documents , OWNE may order CON - to such correction or repair or such removal
<br />and
<br /> TRACTOR to stop the Work r any portion thereof, replacement ( including but not limited to all costs
<br /> of
<br /> until the cause for such der has been eliminated ; repair or replacement of work of others) will be paid by
<br /> however, this right of NER to stop the Work shall CONTRACTOR .
<br /> not give rise to duty on the part of OWNER to
<br /> exercise this ' t for the benefit of CONTRACTOR , B . In special circumstances where a particular
<br /> any Sub tractor, any Supplier, any other individual item of equipment is placed in continuous service
<br /> before Substantial Completion of all the Work, the
<br /> 00700 - General Conditions REV 04-07
<br /> 00700 - 37
<br /> F:\Engineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0803 Contract Documents\00700 - General
<br /> Conditions REV
<br /> 04-07. doc
<br />
|