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<br />D. Contractor shall be responsible for
<br />arranging and obtaining and shall pay all costs in
<br />connection with any inspections, tests, or approvals
<br />required for Owner's and Engineer's acceptance of
<br />materials or equipment to be incorporated in the
<br />Work; or acceptance of materials, mix designs, or
<br />equipment submitted for approval prior to
<br />Contractor's purchase thereof for incorporation in
<br />the Work. Such inspections, tests, or approvals shall
<br />be performed by organizations acceptable to Owner
<br />and Engineer.
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<br />E. If any Work (or the work of others) that is
<br />to be inspected, tested, or approved is covered by
<br />Contractor without written concurrence of Engineer,
<br />it must, if requested by Engineer, be uncovered for
<br />observation.
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<br />F. Uncovering Work as provided in
<br />Paragraph 13.03.E shall be at Contractor's expense
<br />unless Contractor has given Engineer timely notice
<br />of Contractor's intention to cover the same and
<br />Engineer has not acted with reasonable promptness
<br />in response to such notice.
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<br />13.04 Uncovering Work
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<br />A. If any Work is covered contrary to the
<br />written request of Engineer, it must, if requested by
<br />Engineer, be uncovered for Engineer's observation
<br />and replaced at Contractor's expense.
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<br />B. If Engineer considers it necessary or
<br />advisable that covered Work be observed by
<br />Engineer or inspected or tested by others,
<br />Contractor, at Engineer's request, shall uncover,
<br />expose, or otherwise make available for observation,
<br />inspection, or testing as Engineer may require, that
<br />portion of the Work in question, furnishing all neces-
<br />sary labor, material, and equipment.
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<br />C. If it is found that the uncovered Work is
<br />defective, Contractor shall pay all claims, costs,
<br />losses, and damages (including but not limited to all
<br />fees and charges of engineers, architects, attorneys,
<br />and other professionals and all court or arbitration or
<br />other dispute resolution costs) arising out of or
<br />relating to such uncovering, exposure, observation,
<br />inspection, and testing, and of satisfactory
<br />replacement or reconstruction (including but not
<br />limited to all costs of repair or replacement of work of
<br />others); and Owner shall be entitled to an
<br />appropriate decrease in the Contract Price. If the
<br />parties are unable to agree as to the amount thereof,
<br />Owner may make a Claim therefor as provided in
<br />Paragraph 10.05.
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<br />D. If, the uncovered Work is not found to be
<br />defective, Contractor shall be allowed an increase in
<br />the Contract Price or an extension of the Contract
<br />Times, or both, directly attributable to such
<br />uncovering, exposure, observation, inspection,
<br />testing, replacement, and reconstruction. If the
<br />parties are unable to agree as to the amount or
<br />extent thereof, Contractor may make a Claim
<br />therefor as provided in Paragraph 10.05.
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<br />13.05 Owner May Stop the Work
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<br />A. If the Work is defective, or Contractor fails
<br />to supply sufficient skilled workers or suitable
<br />materials or equipment, or fails to perform the Work
<br />in such a way that the completed Work will conform
<br />to the Contract Documents, Owner may order
<br />Contractor to stop the Work, or any portion thereof,
<br />until the cause for such order has been eliminated;
<br />however, this right of Owner to stop the Work shall
<br />not give rise to any duty on the part of Owner to
<br />exercise this right for the benefit of Contractor, any
<br />Subcontractor, any Supplier, any other individual or
<br />entity, or any surety for, or employee or agent of any
<br />of them.
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<br />13.06 Correction or Removal of Defective Work
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<br />A. Promptly after receipt of notice,
<br />Contractor shall correct all defective Work, whether
<br />or not fabricated, installed, or completed, or, if the
<br />Work has been rejected by Engineer, remove it from
<br />the Project and replace it with Work that is not
<br />defective. Contractor shall pay all claims, costs,
<br />losses, and damages (including but not limited to all
<br />fees and charges of engineers, architects, attorneys,
<br />and other professionals and all court or arbitration or
<br />other dispute resolution costs) arising out of or
<br />relating to such correction or removal (including but
<br />not limited to all costs of repair or replacement of
<br />work of others).
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<br />B. When correcting defective Work under
<br />the terms of this Paragraph 13.06 or Paragraph
<br />13.07, Contractor shall take no action that would
<br />void or otherwise impair Owner's special warranty
<br />and guarantee, if any, on said Work.
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<br />13.07 Correction Period
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<br />A. If within one year after the date of
<br />Substantial Completion (or such longer period of
<br />time as may be prescribed by the terms of any
<br />applicable special guarantee required by the
<br />Contract Documents) or by any specific provision of
<br />the Contract Documents, any Work is found to be
<br />defective, or if the repair of any damages to the land
<br />or areas made available for Contractor's use by
<br />Owner or permitted by Laws and Regulations as
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<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 - 37
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<br />Final Version 01/07
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<br />03-4197
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