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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 otl1erwise 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 />Decessary 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 />ClaiIrui, costs, losses, and damages (including but nOllimited Documents, any Work is found to be defective, or if the
<br />to all fees and chm'ges of engineers, architects, attorneys, and repair of any damages to the land or areas made available for
<br />otiler professionals and all COW1 or arbitration or oilier CONTRACTOR's use by OWNER or permitted by Laws and
<br />dispute resolution costs) arising out of or relating to such Regulations as coDtemplated in paragraph 6.11.A is found to
<br />uncovering, exposure, observation, inspectioD, and testing, be defective, -CONTRACTOR shall promptly, without cost
<br />and of satisfactory replacement or reconstruction (including to OWNER and in accordance wiili OWNER's written
<br />but Dot 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 bas
<br />decrease in the Contract Price. If the parties are unable to been rejected by OWNER. remove it from the Project.and
<br />agree as to the amount thereof, OWNER may make a Claim replace it with Wod::: that is not defective, and (ill) satlsfac-
<br />therefor as provided in paragraph 10.05. If, however, such. ".torily com:ct or.repair.orremove:2Dd replace any damage to
<br />Work is Dot found to be defective, CONTRACTOR shall be .. other.:Work, to the .work:uf.others or other land or areas
<br />allowed an increase in the Contracc Price or an extension'of ..resulting therefrom:lf.C.0NTRAcrOR does Dot promptly
<br />. the Contract Times (or Milestones), or both, directly attribut- 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 amoWlt or extent thereof, repaired or may have the rejected Work removed and
<br />CONTRACTOR may make a Claim tl1erefor as provided in replaced, and ail Claims, costs, losses, and damages
<br />paragraph 10.05. (including but noC 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 Dot limited to aU
<br />costs of repair or replacement of work of others) will be paid
<br />by CONTRACTOR. -
<br />
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<br />
<br />E. If any Work (or the work of others) fuat is to be
<br />inspected, tested, or approved is covered by CONTRACTOR
<br />without written concurrence of ENGINEER, it must, jf
<br />rcquc:sled 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 inteu(ion to cover tile same and ENGI-
<br />NEER has not acted with reasonable promptness in rcsponse
<br />to such notice.
<br />
<br />13.04 Uncovering Work
<br />
<br />A. If any Work is covered contrary to the writtcn
<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 stop 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 />00700 - 3S
<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 (hem.
<br />
<br />13.06 Correction or Removal of Defective Work
<br />
<br />A. CONTRACTOR shall correct all defective Work,
<br />whether or DOl fabricated, installed, or completed, or, if tile
<br />Work has been rejected by ENGINEER, removc it from the
<br />Project and rcplace it with Work that is not defective.
<br />CONTRACTOR shall pay all Claims, costs, losses, and
<br />damages (including bul 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 />. arisingou( of or relating to .such correction or removal
<br />. (including bul not limiled to aU costs of repair or replacement
<br />of work of oiliers).
<br />
<br />13.07
<br />
<br />Correction Period
<br />
<br />B, In special circumstances wl1er~ a particular item of
<br />equipment is placed in continuous service before Substantial
<br />Completion of all the Work, the correc,:JD period for that
<br />
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