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<br />attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) arising out of
<br />or relating to such correction or removal (including but
<br />not limited to all costs of repair or replacement of work of
<br />others).
<br />
<br />B. When correcting defective Work under the
<br />terms of this Paragraph 13.06 or Paragraph 13.07,
<br />Contractor shall take no action that would void or
<br />otherwise impair Owner's special warranty and guarantee,
<br />if any, on said Work.
<br />
<br />13.07 Correction Period
<br />
<br />A. If within one year after the date of Substantial
<br />Completion (or such longer period of time as may be
<br />prescribed by the terms of any applicable special
<br />guarantee required by the Contract Documents) or by any
<br />specific provision of the Contract Documents, any Work
<br />is found to be defective, or if the repair of any damages to
<br />the land or areas made available for Contractor's use by
<br />Owner or permitted by Laws and Regulations as
<br />contemplated in Paragraph 6.ll.A is found to be
<br />defective, Contractor shall promptly, without cost to
<br />Owner and in accordance with Owner's written
<br />instructions:
<br />
<br />I. repair such defective land or areas; or
<br />
<br />2. correct such defective Work; or
<br />
<br />3. if the defective Work has been rejected by
<br />Owner, remove it from the Project and replace it with
<br />Work that is not defective, and
<br />
<br />4. satisfactorily correct or repair or remove and
<br />replace any damage to other Work, to the work of others
<br />or other land or areas resulting therefrom.
<br />
<br />B. If Contractor does not promptly comply with
<br />the terms of Owner's written instructions, or in an
<br />emergency where delay would cause serious risk of loss
<br />or damage, Owner may have the defective Work
<br />corrected or repaired or may have the rejected Work re-
<br />moved and replaced. All claims, costs, losses, and
<br />damages (including but not limited to all fees and charges
<br />of engineers, architects, attorneys, and other professionals
<br />and all court or arbitration or other dispute resolution
<br />costs) arising out of or relating to such correction or repair
<br />or such removal and replacement (including but not
<br />limited to all costs of repair or replacement of work of
<br />others) will be paid by Contractor.
<br />
<br />D. Where defective Work (and damage to other
<br />Work resulting therefrom) has been corrected or removed
<br />and replaced under this Paragraph 13.07, the correction
<br />period hereunder with respect to such Work will be
<br />extended for an additional period of one year after such
<br />correction or removal and replacement has been
<br />satisfactorily completed.
<br />
<br />E. Contractor's obligations under this Paragraph
<br />13.07 are in addition to any other obligation or warranty.
<br />The provisions of this Paragraph 13.07 shall not be
<br />construed as a substitute for or a waiver of the provisions
<br />of any applicable statute of limitation or repose.
<br />
<br />13.08 Acceptance of Defective Work
<br />
<br />A. If, instead of requiring correction or removal
<br />and replacement of defective Work, Owner (and, prior to
<br />Engineer's recommendation of final payment, Engineer)
<br />prefers to accept it, Owner may do so. Contractor shall
<br />pay all claims, costs, losses, and damages (including but
<br />not limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court or
<br />arbitration or other dispute resolution costs) attributable to
<br />Owner's evaluation of and determination to accept such
<br />defective Work (such costs to be approved by Engineer as
<br />to reasonableness) and the diminished value of the Work
<br />to the extent not otherwise paid by Contractor pursuant to
<br />this sentence. If any such acceptance occurs prior to
<br />Engineer's recommendation of final payment, a Change
<br />Order will be issued incorporating the necessary revisions
<br />in the Contract Documents with respect to the Work, and
<br />Owner shall be entitled to an appropriate decrease in the
<br />Contract Price, reflecting the diminished value of Work
<br />so accepted. If the parties are unable to agree as to the
<br />amount thereof, Owner may make a Claim therefor as
<br />provided in Paragraph 10.05. If the acceptance occurs
<br />after such recommendation, an appropriate amount will be
<br />paid by Contractor to Owner.
<br />
<br />13.09 Owner May Correct Defective Work
<br />
<br />A. If Contractor fails within a reasonable time
<br />after written notice from Engineer to correct defective
<br />Work or to remove and replace rejected Work as required
<br />by Engineer in accordance with Paragraph 13.06.A, or if
<br />Contractor fails to perform the Work in accordance with
<br />the Contract Documents, or if Contractor fails to comply
<br />with any other provision of the Contract Documents,
<br />Owner may, after seven days written notice to Contractor,
<br />correct or remedy any such deficiency.
<br />
<br />B. In exercising the rights and remedies under
<br />this Paragraph 13.09, Owner shall proceed expeditiously.
<br />In connection with such corrective or remedial action,
<br />Owner may exclude Contractor from all or part of the
<br />Site, take possession of all or part of the Work and
<br />suspend Contractor's services related thereto, take posses-
<br />sion of Contractor's tools, appliances, construction
<br />
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright <f) 2002 National Society of Professional Engineers for EJCnc. All rights reserved.
<br />00700 - 36
<br />
<br />C. In special circumstances where a particular
<br />item of equipment is placed in continuous service before
<br />Substantial Completion of all the Work, the correction
<br />period for that item may start to run from an earlier date if
<br />so provided in the Specifications.
<br />
<br />04/08
<br />
<br />06-5723
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