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C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses,
<br />and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
<br />and other professionals and all court or arbitration or other dispute resolution costs) arising out of
<br />or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory
<br />replacement or reconstruction (including but not limited to all costs of repair or replacement of
<br />work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If
<br />the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as
<br />provided in Paragraph 10.05.
<br />D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the
<br />Contract Price or an extension of the Contract Times, or both, directly attributable to such
<br />uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the
<br />parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim
<br />therefor as provided in Paragraph 10.05.
<br />13.05 Owner May Stop the Work
<br />A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
<br />materials or equipment, or fails to perform the Wark in such a way that the completed Work will
<br />conform to the Contract Documents, Owner may order Contractor to stop the Work, or any
<br />portion thereof, until the cause for such order has been eliminated; however, this right of Owner
<br />to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the
<br />benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any
<br />surety for, or employee or agent of any of them.
<br />13.06 Correction or Removal of Defective Work
<br />A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or
<br />not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it
<br />from the Project and replace it with Work that is not defective. Contractor shall pay all claims,
<br />costs, losses, and damages (including but not limited to all fees and charges of engineers,
<br />architects, attorneys, and other professionals and all court or arbitration or other dispute
<br />resolution costs) arising out of or relating to such correction or removal (including but not limited
<br />to all costs of repair or replaceinent of work of others).
<br />B. When correcting defective Work under the terms of this Paxagaph 13.06 or Paragraph 13.07,
<br />Contractor shall take no action that would void or otherwise impair Owner's special warranty and
<br />guarantee, if any, on said Work.
<br />13.07 Correction Period
<br />A. If within one year after the date of Substantial Completion (or such longer period of time as may
<br />be prescribed by the terms of any applicable special guarantee required by the Contract
<br />Documents) or by any specific provision of the Contract Documents, any Work is found to be
<br />defective, or if the repair of any damages to the land or areas made available for Contractor's use
<br />by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.11.A is found to
<br />be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's
<br />written instructions:
<br />EJCDC C-700 Standard Generai Conditions of the Construction Contract
<br />Copyright 0 2007 NaHonal Society of Professional Engineers for EJCDC. All rights reserved.
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