|
I
<br /> the Contract Times will be extended in an amount ARTICLE 13 - TESTS AND INSPECTIONS;
<br /> I equal to the time lost due to such delay if a Claim is CORRECTION, REMOVAL OR ACCEPTANCE OF
<br /> made therefor as provided in Paragraph 12.02.A. DEFECTIVE WORK
<br /> Delays beyond the control of Contractor shall
<br /> include, but not be limited to, acts or neglect by
<br /> I Owner, acts or neglect of utility owners or other 13.01 Notice of Defects
<br /> contractors performing other work as contemplated
<br /> by Article 7, fires, floods, epidemics, abnormal A. Prompt notice of all defective Work of
<br /> 1 weather conditions, or acts of God. which Owner or Engineer has actual knowledge will
<br /> be given to Contractor. All defective Work may be
<br /> B. If Owner, Engineer, or other contractors rejected, corrected, or accepted as provided in this
<br /> or utility owners performing other work for Owner as Article 13.
<br /> I contemplated by Article 7, or anyone for whom
<br /> Owner is responsible, delays, disrupts, or interferes 13.02 Access to Work
<br /> with the performance or progress of the Work, then
<br /> I Contractor shall be entitled to an equitable A. Owner, Engineer, their consultants and
<br /> adjustment in the Contract Price or the Contract other representatives and personnel of Owner,
<br /> Times or both. Contractor's entitlement to an independent testing laboratories, and governmental
<br /> adjustment of the Contract Times is conditioned on agencies with jurisdictional interests will have access
<br /> I such adjustment being essential to Contractor's to the Site and the Work at reasonable times for
<br /> ability to complete the Work within the Contract their observation, inspecting, and testing. Contractor
<br /> Times. shall provide them proper and safe conditions for
<br /> 1 such access and advise them of Contractor's Site
<br /> C If Contractor is delayed in the safety procedures and programs so that they may
<br /> performance or progress of the Work by fire, flood, comply therewith as applicable.
<br /> epidemic, abnormal weather conditions, acts of God,
<br /> I acts or failures to act of utility owners not under the 13.03 Tests and Inspections
<br /> control of Owner, or other causes not the fault of and
<br /> beyond control of Owner and Contractor, then A. Contractor shall give Engineer timely
<br /> Contractor shall be entitled to an equitable notice of readiness of the Work for all required
<br /> adjustment in Contract Times, if such adjustment is inspections, tests, or approvals and shall cooperate
<br /> essential to Contractor's ability to complete the Work with inspection and testing personnel to facilitate
<br /> within the Contract Times. Such an adjustment shall required inspections or tests.
<br /> be Contractor's sole and exclusive remedy for the
<br /> delays described in this Paragraph 12.03.C. B. Owner shall employ and pay for the
<br /> services of an independent testing laboratory to
<br /> D. Owner, Engineer and the Related Entities perform all inspections, tests, or approvals required
<br /> of each of them shall not be liable to Contractor for by the Contract Documents except:
<br /> any claims, costs, losses, or damages (including but
<br /> not limited to all fees and charges of Engineers, 1. for inspections, tests, or approvals
<br /> I architects, attorneys, and other professionals and all covered by Paragraphs 13.03 C and 13.03 D below;
<br /> court or arbitration or other dispute-resolution costs)
<br /> sustained by Contractor on or in connection with any 2. that costs incurred in connection with
<br /> I other project or anticipated project. tests or inspections conducted pursuant to
<br /> Paragraph 13.04.B shall be paid as provided in said
<br /> E. Contractor shall not be entitled to an Paragraph 13.04.C; and
<br /> adjustment in Contract Price or Contract Times for
<br /> I delays within the control of Contractor. Delays
<br /> 3. as otherwise specifically provided in the
<br /> attributable to and within the control of a Contract Documents.
<br /> Subcontractor or Supplier shall be deemed to be
<br /> I delays within the control of Contractor. 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
<br /> an employee or other representative of such public
<br /> I body, Contractor shall assume full responsibility for
<br /> arranging and obtaining such inspections, tests, or
<br /> approvals, pay all costs in connection therewith, and
<br /> I furnish Engineer the required certificates of inspec-
<br /> tion or approval.
<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 /> I00700-35
<br /> 04/08 Final Version 05-4893
<br />
|