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ARTICLE XI <br />UNCOVERING AND CORRECTING WORK <br />11.1 Uncovering Work <br />11.1.1. If any of the Work is covered contrary to the Engineer / Architect's request or to any <br />provisions of this Contract, it shall, if required by the Engineer / Architect or the City, be uncovered <br />for the Engineer / Architect inspection and shall be properly replaced at the Contractor's expense <br />without change in the Contract Time. <br />11.1.2. If any of the Work is covered in a manner not inconsistent with Subparagraph 11.1.1 <br />above, it shall, if required by the Engineer / Architect or the City, be uncovered for the inspection of <br />the Engineer / Architect or the City. If such Work conforms strictly with this Contract, costs of <br />uncovering and proper replacement shall by Change Order be charged to the City. If such Work does <br />not strictly conform with this Contract, the Contractor shall pay the costs of uncovering and proper <br />replacement. <br />11.2 Correcting Work <br />11.2.1. The Contractor shall immediately proceed to correct Work rejected by the Engineer / <br />Architect or the City as defective or failing to conform to, this Contract. The Contractor shall pay <br />all costs and expenses associated with correcting such rejected Work, including any additional <br />testing and inspections, and reimbursement to the City for the Engineer / Architect services and <br />expenses made necessary thereby. <br />11.2.2. If within one (1) year after Final Completion of the Work any of the Work is found to <br />be defective or not in accordance with this Contract, the Contractor shall correct it promptly upon <br />receipt of written notice from the City. This obligation shall survive final payment by the City and <br />termination of this Contract. With respect to Work completed after Final Completion, this one-year <br />obligation to specifically correct defective and non -conforming Work shall be extended by the period <br />of time which elapses between Final Completion and acceptance of the subject Work by the City <br />and the Engineer / Architect. <br />11.2.3. Nothing contained in this Paragraph 1 1.2 shall establish any period of limitation with <br />respect to other obligations which the Contractor has under this Contract. Establishment of the one- <br />year time period in Subparagraph 1 1.2.2 relates only to the duty of the Contractor to specifically <br />correct the Work. <br />11.3 The Citv Mav Accept Defective or Non -conforming Work <br />11.3.1. If the City chooses to accept defective or non -conforming Work, the City may do so. <br />In such event, the Contract Price shall be reduced by the greater of: (a) the reasonable cost of <br />removing and correcting the defective or non -conforming Work, and (b) the difference between the <br />fair market value of the Project as constructed and the fair market value of the Project had it not <br />been constructed in such a manner as to include defective or nonconforming Work. <br />If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate the City <br />for its acceptance of defective or non -conforming Work, the Contractor shall, upon written demand <br />MBR CONSTRUCTION, INC. Page 26 of 41 <br />175 <br />345 <br />