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<br />B. If ENGINEER considers it ~ssary or advisable
<br />that covered Work be observed by ENGINEER or inspected 13.07 Con-ection Period
<br />or tested by others, CONTRACTOR, at ENGINEER's
<br />request, shall uncover, expose, or otherwise make avallable A. If within one year after the date of Substantial
<br />for observation, inspection, or testing as ENGINEER may Completion or such longer period of time as may be
<br />require, that portion of die Work in question, furnishing a11 prescribed by Laws or Regulations or by the terms of any
<br />necessary labor, material, and equipment. If it is found that applicable special gtW'IDtec required by the Contract
<br />such Work is defective, CONTRACTOR shall pay all Documents or by any specific provision of the Contract
<br />Claims, costs, losses, and damages (including but not limited Documents, any Wort is found to be defective, or if the
<br />to all fees aDd charges of cngin=rs, architects, attorneys, and repair of any damages to the land or areas made available for
<br />olbcr professionals and a11 court or arbitration or other CONTRACTOR's use by OWNER or pennittcd by Laws and
<br />dispute resolution costs) arising out of or relating to such Rcguladons as coatcmplatcd in paragraph 6.11.A is found to
<br />uncovering, exposure, observation, inspection. and tcstiDg, be defective, CONTRACTOR shall promptly. without cost
<br />aDd of satisfactory rep1acemeDt or I'CCODStnJetion (mcluding to OWNER and in aa:ordaDcc with OWNBR~I written
<br />but DOt limited to all costs of repair or rcp1a.cemeat of work instnlClioDs: 0) repair such defectM: land or areas, or (Ii)
<br />of others); aDd OWNER sbal1 be CDtitled to'an appropriate correct such defectiw Work or, if cbe defective Work'has
<br />decrease iIllbc ComrIct Price. Iftbe pardee lie uaable to bceIl rejectecl by OWNBR. reDlO\'e it from'dIe ProJ~.&Dd
<br />IgI'eC IS to Ibe IIIlOUDt dJcreof, OWNER may maJce a Claim repllcc.it with Work 1bat is mt dcfec:che, ad (ill) IItisfac..
<br />cherefor u provided in paragraph 10.OS. If, howeYer, JUCh"-.'.r.orily C01'IeCt or.RpIir.or;reIIIOYC:ml JqJJace aDJ dama&e to
<br />Wort is DOt fowxl to be defccdve, CONTRACTOR IhaIl be.'; othcr.:Work. to the. work:vf.otben or ocher laud or ~
<br />.allowed aD increase in.the Contract Price or an CXleDSionrOf . ..:rcsu1ting therefrom; .'If.-mNI'RACTOR docs DOt promptly
<br />I' . the Comract Times (or M'l1estoDi:S). or bod1,ciimcdy attribut- comply' with..the terms of'such instructiODl, or in 'an
<br />able to such UDCOveriDg, exposure, observation, inspection. emergency w~ delay would cause seriOus risk 0( loss or
<br />. testing, replacement, and recoastruction. If the parties are dSlmllgt!, OWNER may have the defecd\'C Work corrected or
<br />unable 10 agree as to the 8II1OUDt or extent thereof, repaired or may have the rejectccl Work removed and
<br />CONTRACI'OR may make a Claim therefor as provided in replaced, ad all Claims, costa, losscs, .aad damages
<br />paraaraph 10.0S. (iDclucliq but DOt limited 10 all fees aDd charges of
<br />"'-'Igj-tl, arehiteets, attorneys, aDd other professionals aDd
<br />all court or arbittadoD or other dispute n:solution costs)
<br />arisiDI cut 0( or rdatiog 10 IUcl1 corrcctioD or repair or such
<br />removal aDd repIacemeat (mcludiac but DOt limited to aU
<br />costs 0{ repair or replaoemem of WOlt of odJcrs) will be paid
<br />by CONTRACI'OR. -
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<br />E. If any Work (or the work of others) that is to be
<br />iospcc:tcd, tested, or approved is covered by CONTRACJ'OR
<br />without written concurrence of ENGINEER, it must, if
<br />requested by ENGINEER. be uncovered for observation.
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<br />F. Uncovering Work: as provided in paragraph 13.03.E
<br />shall be at CONTRACTOR's expense unless CON-
<br />TRACTOR bas given ENGINEER timely notice of
<br />CONTRACTOR's intention to cover the same and ENGI-
<br />NEER has not acted with reasonable promptness in response
<br />to such notice.
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<br />13.04 Uncovering Won:
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<br />A. If any Work is covered contrary to the wriuen
<br />request of ENGINEER, it must, if requested by ENGINEER, .
<br />be UDCOVercd for ENGINEER's observation and rcplaced at
<br />CONTRACTOR's expense.
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<br />13.05 OWNER May Stop the Wort
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<br />A. If the Work is defec:tnoe, or CONTRACTOR fails to
<br />n supply sufficiCm si:iUed workers or suitable materials or
<br />w equipmcal, or faDs 10 perform the Work in IUCb a way that
<br />the completed Work will conform to the Coatract
<br />n Doc.rment$, OWNER may ordec CONTRACTOR to stop cbe
<br />LJ Work. or any portion theRlOf, until the cause for such order
<br />has bccIl e1i.mioated; however, this right of OWNER CO stop
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<br />the Work sball not give rise to any duty on the part of
<br />OWNER to exercise this right for the benefit of
<br />CONTRACTOR, any Subcontractor, any Supplier, any other
<br />individual or entity, or any surety for. or employee or agent
<br />of any of them.
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<br />13.06 Con-eaion or Removal of Defective Won
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<br />A. CONTRACTOR shall correct all defective Work,
<br />whether or not fabricated, inslalled, or completed, or, if the
<br />Work has been rejected by ENGINEER. remove it from die
<br />Projcct and replace it with Work that is not defective.
<br />CONTRACTOR shall pay all Claims, costs, losses, and
<br />damages (including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and odier professionals and
<br />.all court, or. arbitration. or . other dispute resolution costs)
<br />. arising :out of or l'elating to...such correction or removal
<br />. (including but DOllimiled. to all costs of repair or .replacement
<br />of work of others).
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<br />B. In special circu.mstaDces wbe~ . particular item of
<br />equipmeDl is placed in continuous service before Substantial
<br />. Completion of IIlIbe Wort, lbe ~:m period for tba1
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