|
<br />00700 - 30/38
<br />
<br />D. All inspections, tests, or approvals other than those required by Laws or
<br />Regulations of any public body having jurisdiction shall be performed by
<br />organizations acceptable to the ENGINEER and the CONTRACTOR.
<br />
<br />E. If any Work (including the Work of others) that is to be inspected, tested, or
<br />approved is covered without written concurrence of the ENGINEER, it must, if
<br />requested by the ENGINEER, be uncovered for observation. Such uncovering
<br />shall be at the CONTRACTOR's expense unless the CONTRACTOR has given
<br />the ENGINEER timely notice of the CONTRACTOR's intention to perform such
<br />test or to cover the same and the ENGINEER has not acted with reasonable
<br />promptness in response to such notice.
<br />
<br />F. If any Work is covered contrary to the written request of the ENGINEER, it must,
<br />if requested by the ENGINEER, be uncovered for the ENGINEER's observation
<br />and replaced at the CONTRACTOR's expense.
<br />
<br />G. If the ENGINEER considers it necessary or advisable that covered Work be
<br />observed by the ENGINEER or inspected or tested by others, the
<br />CONTRACTOR, at the ENGINEER's request, shall uncover, expose, or
<br />otherwise make available for observation, inspection, or testing as the
<br />ENGINEER may require, that portion of the Work in question, furnishing all
<br />necessary labor, material, and equipment. If it is found that such Work is
<br />defective, the CONTRACTOR shall bear all direct, indirect, and consequential
<br />costs and damages of such uncovering, exposure, observation, inspection, and
<br />testing and of satisfactory reconstruction, including but not limited to fees and
<br />charges of engineers, architects, attorneys, and other professionals. However, if
<br />such Work is not found to be defective, the CONTRACTOR shall be allowed an
<br />increase in the Contract Price or an extension of the Contract Time, or both,
<br />directly attributable to such uncovering, exposure, observation, inspection,
<br />testing, and reconstruction; and, if the parties are unable to agree as to the
<br />amount or extent thereof, the CONTRACTOR may make a claim therefor as
<br />provided in Articles 11 and 12.
<br />
<br />13.4 OWNER MAY STOP THE WORK
<br />
<br />A. If the Work is defective, or the CONTRACTOR fails to perform Work in such a
<br />way that the completed Work will conform to the Contract Documents, the
<br />OWNER may order the CONTRACTOR to stop the Work, or any portion thereof,
<br />until the cause for such order has been eliminated; however, this right of the
<br />OWNER to stop the Work shall not give rise to any duty on the part of the
<br />OWNER to exercise this right for the benefit of the CONTRACTOR or any other
<br />party.
<br />
<br />13.5 CORRECTION OR REMOVAL OF DEFECTIVE WORK
<br />
<br />A. If required by the ENGINEER, the CONTRACTOR shall promptly, either correct
<br />all defective Work, whether or not fabricated, installed, or completed, or, if the
<br />Work has been rejected by the ENGINEER, remove it from the site and replace it
<br />with non-defective Work. The CONTRACTOR shall bear all direct, indirect and
<br />consequential costs and damages of such correction or removal, including but
|