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<br />B. If ENGINEER considers it necessary or advisable
<br />that covered Work be observed by ENGINEER or inspected
<br />or tested by others, CONTRACTOR, at ENGINEER's
<br />request, shall uncover, expose, or otherwise make available 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 the Work in question, furnishing all prescribed by Laws or Regulations or by the terms of any
<br />necessary labor, material, and equipment. If it is found that applicable special guarantee 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 Work is found to be defective, or if the
<br />to all fees and charges of engineers, architects, attorneys, and repair of any damages to the land or areas made available for
<br />other professionals and all court or arbitration or other CONTRACTOR's use by OWNER or permitted by Laws and
<br />dispute resolution costs) arising out of or relating to such Regulations as contemplated in paragraph 6.11.A is found to
<br />uncovering, exposure, observation, inspection, and testing, be defective, CONTRACTOR shall promptly. without cost
<br />and of satisfactory replacement or reconstruction (including to OWNER and in accordance with OWNER's written
<br />but not limited to all costs of repair or replacement of work instructions: (i) repair such defective land or areas, or (ii)
<br />of others); and OWNER shall be entitled to an appropriate correct such defective Work or, if the defective Work has
<br />decrease in the Contract Price. If the parties are unable to been rejected by OWNER, remove it from the Proj~.and
<br />agree as to the amount thereof, OWNER may make a Claim replace.it with Work that is not defective, and (ill) satisfac-
<br />therefor as provided in paragraph 10.05. If, however, such .....torily correct or.repair.or:remove~and replace any damage to
<br />Work is not found to be defective, CONTRACTOR shall be other:Work, to the .work-o[others or other land or areas
<br />allowed anjncrease in the Contract Price or an extension-of . ..resulting therefrom. ..1LC.ONTRACTOR does not promptly
<br />. the Contract Times (or Milestones), or both, directlyattribut- comply with the terms of such instructions, or in an
<br />able to such uncovering, exposure, observation, inspection, emergency where delay would cause serious risk of loss or
<br />testing, replacement, and reconstruction. If the parties are damage, OWNER may have the defective Work corrected or
<br />unable to agree as to the amount or extent thereof, repaired or may have the rejected Work removed and
<br />CONTRACTOR may make a Claim therefor as provided in replaced, and all Claims, costs, losses. and damages
<br />paragraph 10.05. (including but not limited to all fees and charges of
<br />engineers, architects, attorneys, and other professionals and
<br />all court or arbitration or other dispute resolution costs)
<br />arising out of or relating to such correction or repair or such
<br />removal and replacement (including but not limited to all
<br />costs of repair or replacement of work of others) will be paid
<br />by CONTRACTOR. -
<br />
<br />E. If any Work (or the work of others) that is to be
<br />inspected, tested, or approved is covered by CONTRACTOR
<br />without written concurrence of ENGINEER. it must, if
<br />requested by ENGINEER, be uncovered for observation.
<br />
<br />F. Uncovering Work as provided in paragraph 13.03.E
<br />shall be at CONTRACTOR's expense unless CON-
<br />TRACTOR has 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.
<br />
<br />13.04 Uncovering Work
<br />
<br />A. If any Work is covered contrary to the written
<br />request of ENGINEER, it must, if requested by ENGINEER, .
<br />be uncovered for ENGINEER's observation and replaced at
<br />CONTRACTOR's expense.
<br />
<br />13.05
<br />
<br />OWNER May Stop the Work
<br />
<br />A. If the Work is defective, or CONTRACTOR fails to
<br />supply sufficient skilled workers or suitable materials or
<br />equipment, or fails to perform the Work in such a way that
<br />the completed Work will conform to the Contract
<br />Documents. OWNER may order CONTRACTOR to slOp the
<br />Work, or any portion thereof, until the cause for such order
<br />has been eliminated; however, this right of OWNER to stop
<br />
<br />the Work shall 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.
<br />
<br />13.06 Correction or Removal of Defective Work
<br />
<br />A. CONTRACTOR shall correct all defective Work,
<br />whether or not fabricated, installed, or completed, or, if the
<br />Work has been rejected by ENGINEER, remove it from the
<br />Project 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 other professionals and
<br />all 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. replacement
<br />of work of others).
<br />
<br />13.07
<br />
<br />Correction Period
<br />
<br />B. In special circumstances wher~ a particular item of
<br />equipment is placed in continuous service before Substantial
<br />Completion of all the Work, the correc~::>D period for that
<br />
<br />00700 - 35
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