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<br />A. Promptly after receipt of notice, Contractor
<br />shall correct all defective Work, whether or not
<br />fabricated, installed, or completed, or, if the Work has
<br />been rejected by Engineer, remove it from the Project and
<br />replace it with Work that is not defective. Contractor shall
<br />pay all claims, costs, losses, and damages (including but
<br />not limited to all fees and charges of engineers, architects,
<br />
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br />00700 - 35
<br />
<br />13.03 Tests and Inspections
<br />
<br />A. Contractor shall give Engineer timely notice
<br />of readiness of the Work for all required inspections,
<br />tests, or approvals and shall cooperate with inspection and
<br />testing personnel to facilitate required inspections or tests.
<br />
<br />B. Owner shall employ and pay for the services
<br />of an independent testing laboratory to perform all
<br />inspections, tests, or approvals required by the Contract
<br />Documents except:
<br />
<br />1. for inspections, tests, or approvals covered by
<br />Paragraphs 13.03.C and 13.03.D below;
<br />
<br />2. that costs incurred in connection with tests or
<br />inspections conducted pursuant to Paragraph 13.04.B
<br />shall be paid as provided in said Paragraph 13.04.C; and
<br />
<br />3. as otherwise specifically provided in the Con-
<br />tract Documents.
<br />
<br />C. If Laws or Regulations of any public body
<br />having jurisdiction require any Work (or part thereof)
<br />specifically to be inspected, tested, or approved by an
<br />employee or other representative of such public body,
<br />Contractor shall assume full responsibility for arranging
<br />and obtaining such inspections, tests, or approvals, pay all
<br />costs in connection therewith, and furnish Engineer the
<br />required certificates of inspection or approval.
<br />
<br />D. Contractor shall be responsible for arranging
<br />and obtaining and shall pay all costs in connection with
<br />any inspections, tests, or approvals required for Owner's
<br />and Engineer's acceptance of materials or equipment to
<br />be incorporated in the Work; or acceptance of materials,
<br />mix designs, or equipment submitted for approval prior to
<br />Contractor's purchase thereof for incorporation in the
<br />Work. Such inspections, tests, or approvals shall be
<br />performed by organizations acceptable to Owner and
<br />Engineer.
<br />
<br />E. If any Work (or the work of others) that is to
<br />be 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
<br />13.03.E shall be at Contractor's expense unless
<br />Contractor has given Engineer timely notice of
<br />Contractor's intention to cover the same and Engineer has
<br />not acted with reasonable promptness in response to such
<br />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, be
<br />
<br />04/08
<br />
<br />uncovered for Engineer's observation and replaced at
<br />Contractor's expense.
<br />
<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 request,
<br />shall uncover, expose, or otherwise make available for
<br />observation, inspection, or testing as Engineer may
<br />require, that portion of the Work in question, furnishing
<br />all necessary labor, material, and equipment.
<br />
<br />C. If it is found that the uncovered Work is
<br />defective, Contractor shall pay all claims, costs, losses,
<br />and damages (including but not limited to all fees and
<br />charges of engineers, architects, attorneys, and other
<br />professionals and all court or arbitration or other dispute
<br />resolution costs) arising out of or relating to such
<br />uncovering, exposure, observation, inspection, and
<br />testing, and of satisfactory replacement or reconstruction
<br />(including but not limited to all costs of repair or
<br />replacement of work of others); and Owner shall be
<br />entitled to an appropriate decrease in the Contract Price. If
<br />the parties are unable to agree as to the amount thereof,
<br />Owner may make a Claim therefor as provided in
<br />Paragraph 10.05.
<br />
<br />D. If, the uncovered Work is not found to be
<br />defective, Contractor shall be allowed an increase in the
<br />Contract Price or an extension of the Contract Times, or
<br />both, directly attributable to such uncovering, exposure,
<br />observation, inspection, testing, replacement, and
<br />reconstruction. If the parties are unable to agree as to the
<br />amount or extent thereof, Contractor may make a Claim
<br />therefor as provided in Paragraph 10.05.
<br />
<br />13.05 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
<br />that 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
<br />order has been eliminated; however, this right of Owner
<br />to stop the Work shall not give rise to any duty on the part
<br />of 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
<br />agent of any of them.
<br />
<br />13.06 Correction or Removal o.fDefective Work
<br />
<br />06-5723
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