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<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 />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 />""i'~1'~~
<br />
<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 of Defective Work
<br />
<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, (:bsts, 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) 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 />1. repair such defective land or areas; or
<br />
<br />D. If, the uncovered Work is not found to be
<br />defective, Contractor shall be allowed an increase in the 2. correct such defective Work; or
<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 />
<br />EJCDC C-700 Standard General Conditions of the Construction Contract.
<br />Copyright <<:l2002 National Society of Professional Engineers for EJCnc. All rights reserved.
<br />00700 - 34
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