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of CONTRACTOR's intention to cover the same and <br />ENGINEER has not acted with reasonable prompt- <br />ness in response to such notice. <br />13.04 Uncovering Work <br />A. If any Work is covered contrary to the written <br />request of ENGINEER, it must, if requested by ENGI- <br />NEER, be uncovered for ENGINEER's observation <br />and replaced at CONTRACTOR's expense. <br />B. If ENGINEER considers it necessary or <br />advisable that covered Work be observed by ENGI- <br />NEER or inspected or tested by others, CONTRAC- <br />TOR, at ENGINEER's request, shall uncover, expose, <br />or otherwise make available for observation, inspec- <br />tion, or testing as ENGINEER may require, that <br />portion of the Work in question, furnishing all neces- <br />sary labor, material, and equipment. If it is found that <br />such Work is defective, CONTRACTOR shall pay all <br />Claims, costs, losses, and damages (including but not <br />limited to all fees and charges of engineers, architects, <br />attorneys, and other professionals and all court or <br />arbitration or other dispute resolution costs) arising out <br />of or relating to such uncovering, exposure, observa- <br />tion, inspection, and testing, and of satisfactory <br />replacement or reconstruction (including but not <br />limited to all costs of repair or replacement of work of <br />others); and OWNER shall be entitled to an <br />appropriate decrease in the Contract Price. If the <br />parties are unable to agree as to the amount thereof, <br />OWNER may make a Claim therefor as provided in <br />paragraph 10.05. If, however, such Work is not found <br />to be defective, CONTRACTOR shall be allowed an <br />increase in the Contract Price or an extension of the <br />Contract Times (or Milestones), or both, directly <br />attributable to such uncovering, exposure, <br />observation, inspection, testing, replacement, and <br />reconstruction. If the parties are unable to agree as to <br />the amount or extent thereof, CONTRACTOR may <br />make a Claim therefor as provided in paragraph <br />10.05. <br />13.05 OWNER May Stop the Work <br />fails to supply sufficient skilled workers or stable <br />materials or equipment, or fails to performtKe Work in <br />such a way that the completed Wor vi'll conform to <br />the Contract Documents, OWtrtny <br />may order CON- <br />TRACTOR to stop the Work portion thereof, <br />until the cause for such der has been eliminated; <br />however, this right of NER to stop the Work shall <br />not give rise to duty on the part of OWNER to <br />exercise this ' t for the benefit of CONTRACTOR, <br />any Sub tractor, any Supplier, any other individual <br />13.06 Correction or Removal of Defective Work <br />A. CONTRACTOR shall correct all defective <br />Work, whether or not fabricated, installed, or <br />completed, or, if the Work has been rejected by ENGI- <br />NEER, remove it from the Project and replace it with <br />Work that is not defective. CONTRACTOR shall pay <br />all Claims, costs, losses, and damages (including but <br />not limited to all fees and charges of engineers, <br />architects, attorneys, and other professionals and all <br />court or arbitration or other dispute resolution costs) <br />arising out of or relating to such correction or removal <br />(including but not limited to all costs of repair or <br />replacement of work of others). <br />13.07 Correction Period <br />A. If within one year after the date of Substantial <br />Completion or such longer period of time as may be <br />prescribed by Laws or Regulations or by the terms of <br />any applicable special guarantee required by the <br />Contract Documents or by any specific provision of the <br />Contract Documents, any Work is found to be <br />defective, or if the repair of any damages to the land <br />or areas made available for CONTRACTOR's use by <br />OWNER or permitted by Laws and Regulations as <br />contemplated in paragraph 6.11.A is found to be <br />defective, CONTRACTOR shall promptly, without cost <br />to OWNER and in accordance with OWNER's written <br />instructions: (i) repair such defective land or areas, or <br />(ii) correct such defective Work or, if the defective <br />Work has been rejected by OWNER, remove it from <br />the Project and replace it with Work that is not <br />defective, and (iii) satisfactorily correct or repair or <br />remove and replace any damage to other Work, to the <br />work of others or other land or areas resulting there- <br />from. If CONTRACTOR does not promptly comply <br />with the terms of such instructions, or in an <br />emergency where delay would cause serious risk of <br />loss or damage, OWNER may have the defective <br />Work corrected or repaired or may have the rejected <br />Work removed and replaced, and all Claims, costs, <br />losses, and damages (including but not limited to all <br />fees and charges of engineers, architects, attorneys, <br />and other professionals and all court or arbitration or <br />other dispute resolution costs) arising out of or relating <br />to such correction or repair or such removal and <br />replacement (including but not limited to all costs of <br />repair or replacement of work of others) will be paid by <br />CONTRACTOR. <br />B. In special circumstances where a particular <br />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 />FAEngineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0603 Contract Documents\00700 - General Conditions REV <br />04-07.doc <br />ii <br />M its TWIN <br />13.06 Correction or Removal of Defective Work <br />A. CONTRACTOR shall correct all defective <br />Work, whether or not fabricated, installed, or <br />completed, or, if the Work has been rejected by ENGI- <br />NEER, remove it from the Project and replace it with <br />Work that is not defective. CONTRACTOR shall pay <br />all Claims, costs, losses, and damages (including but <br />not limited to all fees and charges of engineers, <br />architects, attorneys, and other professionals and all <br />court or arbitration or other dispute resolution costs) <br />arising out of or relating to such correction or removal <br />(including but not limited to all costs of repair or <br />replacement of work of others). <br />13.07 Correction Period <br />A. If within one year after the date of Substantial <br />Completion or such longer period of time as may be <br />prescribed by Laws or Regulations or by the terms of <br />any applicable special guarantee required by the <br />Contract Documents or by any specific provision of the <br />Contract Documents, any Work is found to be <br />defective, or if the repair of any damages to the land <br />or areas made available for CONTRACTOR's use by <br />OWNER or permitted by Laws and Regulations as <br />contemplated in paragraph 6.11.A is found to be <br />defective, CONTRACTOR shall promptly, without cost <br />to OWNER and in accordance with OWNER's written <br />instructions: (i) repair such defective land or areas, or <br />(ii) correct such defective Work or, if the defective <br />Work has been rejected by OWNER, remove it from <br />the Project and replace it with Work that is not <br />defective, and (iii) satisfactorily correct or repair or <br />remove and replace any damage to other Work, to the <br />work of others or other land or areas resulting there- <br />from. If CONTRACTOR does not promptly comply <br />with the terms of such instructions, or in an <br />emergency where delay would cause serious risk of <br />loss or damage, OWNER may have the defective <br />Work corrected or repaired or may have the rejected <br />Work removed and replaced, and all Claims, costs, <br />losses, and damages (including but not limited to all <br />fees and charges of engineers, architects, attorneys, <br />and other professionals and all court or arbitration or <br />other dispute resolution costs) arising out of or relating <br />to such correction or repair or such removal and <br />replacement (including but not limited to all costs of <br />repair or replacement of work of others) will be paid by <br />CONTRACTOR. <br />B. In special circumstances where a particular <br />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 />FAEngineering\Capital Projects\0803 17th Lane SW Roadway Improvements from 27th Ave to approx. 900 LF east of 27th Ave\0603 Contract Documents\00700 - General Conditions REV <br />04-07.doc <br />