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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 />