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<br /> D. If, the uncovered Work is not found to be
<br /> 1 D. Contractor shall be responsible for defective, Contractor shall be allowed an increase in
<br /> arranging and obtaining and shall pay all costs in the Contract Price or an extension of the Contract
<br /> connection with any inspections, tests, or approvals Times, or both, directly attributable to such
<br /> required for Owner's and Engineer's acceptance of uncovering, exposure, observation, inspection,
<br /> 1 materials or equipment to be incorporated in the testing, replacement, and reconstruction. If the
<br /> Work; or acceptance of materials, mix designs, or parties are unable to agree as to the amount or
<br /> equipment submitted for approval prior to extent thereof, Contractor may make a Claim
<br /> Contractor's purchase thereof for incorporation in therefor as provided in Paragraph 10.05.
<br /> the Work. Such inspections, tests, or approvals shall
<br /> be performed by organizations acceptable to Owner 13.05 Owner May Stop the Work
<br /> and Engineer.
<br /> A. If the Work is defective, or Contractor fails
<br /> E. If any Work (or the work of others) that is to supply sufficient skilled workers or suitable
<br /> to be inspected, tested, or approved is covered by materials or equipment, or fails to perform the Work
<br /> Contractor without written concurrence of Engineer, in such a way that the completed Work will conform
<br /> it must, if requested by Engineer, be uncovered for to the Contract Documents, Owner may order
<br /> observation. Contractor to stop the Work, or any portion thereof,
<br /> until the cause for such order has been eliminated;
<br /> 1 F. Uncovering Work as provided in however, this right of Owner to stop the Work shall
<br /> Paragraph 13.03.E shall be at Contractor's expense not give rise to any duty on the part of Owner to
<br /> unless Contractor has given Engineer timely notice exercise this right for the benefit of Contractor, any
<br /> of Contractor's intention to cover the same and Subcontractor, any Supplier, any other individual or
<br /> Engineer has not acted with reasonable promptness entity, or any surety for, or employee or agent of any
<br /> in response to such notice. of them.
<br /> 1 13.04 Uncovering Work 13.06 Correction or Removal of Defective Work
<br /> A. If any Work is covered contrary to the A. Promptly after receipt of notice,
<br /> written request of Engineer, it must, if requested by Contractor shall correct all defective Work, whether
<br /> Engineer, be uncovered for Engineer's observation or not fabricated, installed; or completed, or, if the
<br /> and replaced at Contractor's expense. Work has been rejected by Engineer, remove it from
<br /> the Project and replace it with Work that is not
<br /> 1 B. If Engineer considers it necessary or defective. Contractor shall pay all claims, costs,
<br /> advisable that covered Work be observed by losses, and damages (including but not limited to all
<br /> Engineer or inspected or tested by others, fees and charges of engineers, architects, attorneys,
<br /> Contractor, at Engineer's request, shall uncover, and other professionals and all court or arbitration or
<br /> expose, or otherwise make available for observation, other dispute resolution costs) arising out of or
<br /> inspection, or testing as Engineer may require, that relating to such correction or removal (including but
<br /> portion of the Work in question, furnishing all neces- not limited to all costs of repair or replacement of
<br /> 1 sary labor, material, and equipment. work of others).
<br /> C. If it is found that the uncovered Work is B. When correcting defective Work under
<br /> defective, Contractor shall pay all claims, costs, the terms of this Paragraph 13.06 or Paragraph
<br /> losses, and damages (including but not limited to all 13.07, Contractor shall take no action that would
<br /> fees and charges of engineers, architects, attorneys, void or otherwise impair Owner's special warranty
<br /> and other professionals and all court or arbitration or and guarantee, if any, on said Work.
<br /> 1 other dispute resolution costs) arising out of or
<br /> relating to such uncovering, exposure, observation, 13.07 Correction Period
<br /> inspection, and testing, and of satisfactory
<br /> replacement or reconstruction (including but not A. If within one year after the date of
<br /> limited to all costs of repair or replacement of work of Substantial Completion (or such longer period of
<br /> others); and Owner shall be entitled to an time as may be prescribed by the terms of any
<br /> appropriate decrease in the Contract Price. If the applicable special guarantee required by the
<br /> 1 parties are unable to agree as to the amount thereof, Contract Documents) or by any specific provision of
<br /> Owner may make a Claim therefor as provided in the Contract Documents, any Work is found to be
<br /> Paragraph 10.05. 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
<br /> EJCDC C-700 Standard General Conditions of the Construction Contract.
<br /> Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
<br /> 1 00 700-36
<br /> 04/08 Final Version 05-4893
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