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contemplated in Paragraph 6.11.A is found to be do so. Contractor shall pay all claims, costs, losses,
<br /> defective, Contractor shall promptly, without cost to and damages (including but not limited to all fees
<br /> Owner and in accordance with Owner's written and charges of engineers, architects, attorneys, and
<br /> instructions: other professionals and all court or arbitration or
<br /> other dispute resolution costs) attributable to
<br /> 1. repair such defective land or areas; or Owner's evaluation of and determination to accept
<br /> such defective Work (such costs to be approved by
<br /> 2. correct such defective Work; or Engineer as to reasonableness) and the diminished
<br /> value of the Work to the extent not otherwise paid by
<br /> 3. if the defective Work has been rejected by Contractor pursuant to this sentence. If any such
<br /> Owner, remove it from the Project and replace it with acceptance occurs prior to Engineer's recommen-
<br /> Work that is not defective, and dation of final payment, a Change Order will be
<br /> issued incorporating the necessary revisions in the
<br /> 4. satisfactorily correct or repair or remove Contract Documents with respect to the Work, and
<br /> and replace any damage to other Work, to the work Owner shall be entitled to an appropriate decrease
<br /> of others or other land or areas resulting therefrom. in the Contract Price, reflecting the diminished value
<br /> of Work so accepted. If the parties are unable to
<br /> B. If Contractor does not promptly comply agree as to the amount thereof, Owner may make a
<br /> with the terms of Owner's written instructions, or in Claim therefor as provided in Paragraph 10.05. If the
<br /> an emergency where delay would cause serious risk acceptance occurs after such recommendation, an
<br /> of loss or damage, Owner may have the defective appropriate amount will be paid by Contractor to
<br /> Work corrected or repaired or may have the rejected Owner.
<br /> Work removed and replaced. All claims, costs,
<br /> losses, and damages (including but not limited to all 13.09 Owner May Correct Defective Work
<br /> fees and charges of engineers, architects, attorneys,
<br /> and other professionals and all court or arbitration or A. If Contractor fails within a reasonable
<br /> other dispute resolution costs) arising out of or time after written notice from Engineer to correct
<br /> relating to such correction or repair or such removal defective Work or to remove and replace rejected
<br /> and replacement (including but not limited to all Work as required by Engineer in accordance with
<br /> costs of repair or replacement of work of others) will Paragraph 13.06.A, or if Contractor fails to perform
<br /> be paid by Contractor. the Work in accordance with the Contract
<br /> Documents, or if Contractor fails to comply with any
<br /> C. In special circumstances where a particu- other provision of the Contract Documents, Owner
<br /> lar item of equipment is placed in continuous service may, after seven days written notice to Contractor,
<br /> before Substantial Completion of all the Work, the correct or remedy any such deficiency.
<br /> correction period for that item may start to run from
<br /> an earlier date if so provided in the Specifications . B. In exercising the rights and remedies
<br /> under this Paragraph 13.09, Owner shall proceed
<br /> D. Where defective Work (and damage to expeditiously. In connection with such corrective or
<br /> other Work resulting therefrom) has been corrected remedial action, Owner may exclude Contractor from
<br /> or removed and replaced under this Paragraph all or part of the Site, take possession of all or part of
<br /> 13.07, the correction period hereunder with respect the Work and suspend Contractor's services related
<br /> to such Work will be extended for an additional thereto, take possession of Contractor's tools,
<br /> period of one year after such correction or removal appliances, construction equipment and machinery
<br /> and replacement has been satisfactorily completed. at the Site, and incorporate in the Work all materials
<br /> and equipment stored at the Site or for which Owner
<br /> E. Contractor's obligations under this has paid Contractor but which are stored elsewhere.
<br /> • Paragraph 13.07 are in addition to any other Contractor shall allow Owner, Owner's
<br /> obligation or warranty. The provisions of this representatives, agents and employees, Owner's
<br /> Paragraph 13.07 shall not be construed as a other contractors, and Engineer and Engineer's
<br /> substitute for or a waiver of the provisions of any consultants access to the Site to enable Owner to
<br /> applicable statute of limitation or repose. exercise the rights and remedies under this
<br /> Paragraph.
<br /> 13.08 Acceptance of Defective Work
<br /> C. All claims, costs, losses, and damages
<br /> A. If, instead of requiring correction or (including but not limited to all fees and charges of
<br /> removal and replacement of defective Work, Owner engineers, architects, attorneys, and other
<br /> (and, prior to Engineer's recommendation of final professionals and all court or arbitration or other
<br /> payment, Engineer) prefers to accept it, Owner may dispute resolution costs) incurred or sustained by
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright D 2002 National Society of Professional Engineers for EJCDC. MI rights resen'ed.
<br /> 00700-37
<br /> 03/12 11-4179
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