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be responsible for and shall pay all,c~osts in connection with thru'eof, CONTRACTOR may n'take a claim flmref,:,r as pro-
<br />any inspection or testing required in connection with OWN- vided in Articles ~ Iund 12.
<br />ER's or ENGINEER's acceptance of a Supplier of materials
<br />or equipment proposed to be incorporated in the Work, or of Owner May Stop the Work:
<br />materials or equipment submitted for approval prior to CON- 13.10. If the Work is defective, or CONTRACTOR fails
<br />TRACTOR's purchasethereoffor incorporationintheWork., to snpply sufficient skilled workers or snitable materials or
<br />The cost of all inspections, tests and approvals in addition to equipment, or fails to furnish or perform the Work in such a
<br />thc above which are required by thc Contract Documents way that the completed Work will conform to the Contract
<br />shall be paid by OWN ER (unless other.vise specified). Documents, OWN ER may order CONTRACTOR to st, op the
<br /> Work, or any portion thereof, until the cause for such order
<br />13.5. All inspections, tests or approvals other than those has been eliminated; however, this right of OWNER to stop
<br /> the Work shall not give rise to an), duty on the part of OWNER
<br />required by Laws or Regulations of any public body having
<br />jurisdiction shall be performed by organizations acceptable to exercise this right for the benefit of CONTRACTOR or
<br />to OWNER and CONTRACTOR (or by ENGINEER if so any other party.
<br />specified).
<br />
<br /> Correction or Removal of Defective Work:
<br /> 13.6. If any Work (including the work of others) that is
<br /> to be inspected, tested or approvod is covered without written 13.11. I f required by ENGINEER, CONTRACTOR shall
<br /> concurrence of ENGINEER. it must, if requested by ENGI- promptly, as directed, either correct all defective Work,
<br /> NEER, be uncovered forobservation. Such uncovering shall whether or not fabricated, installed or completed, or. if the
<br /> be at CONTRACTOR's expense unless CONTRACTOR has Work has been rejected by ENGINEER, remove it from the
<br /> given ENGINEER timely notice of CONTRACTOR's inten- site and replace it with nondefective Work. CONTRACTOR
<br /> tlon to cover the same and ENGINEER has not acted with shall bear all direct, indirect and consequential costs of such
<br /> reasonable promptness in response to such notice, correction or removal (including but not limited to fees and
<br /> charges of engineers, architects, attorneys and other profes-
<br /> 13.7. Neither observations by ENGINEER nor iaspec- signals) made necessary thereby.
<br /> tigris, tests or approvals by others shall relieve CONTRAC-
<br /> TOR from CONTRACTOR's obligations to perform the Work One Year Correction Period:
<br /> in accordance with the Contract Documents.
<br /> 13.12. If within one year after the date of Substantial
<br /> Completion or such longer period of time as may be pre-
<br /> scribed by Laws or Regulations or by the terms of any appli- ,
<br /> Uncovering Work: cable special guarantee required by the Contact Documents
<br /> or by any specific provision of the Contract Documents. any
<br /> 13.8. Ifa.ny Work is covered contrary to the written request
<br /> of ENGINEER. it must, if requested by ENGINEER, be Workisfoundtobedefecth,e. CONTRACTORshallpromptly,
<br /> without cost to OWNER and in accordance with OWNER's
<br /> uncovered for ENGINEER's observation and replaced at written instructions, either correct such defective Work, or,
<br /> CONTRACTOR's expense, if it has been rejected by OWNER, remove it from the site
<br /> and replace it with nondefective Work. If CONTRACTOR
<br /> 13.9. If ENGINEER considers it necessary or advisable
<br /> that covered Work be observed by ENGINEER or inspected docs not promptly comply with the terms of such instructions.
<br /> or tested by others. CONTRACTOR, at ENGINEER's or in an emergency where delay would cause serious risk of
<br /> request, shall uncover, expose or otherwise make available loss or damage. OWNER may have the defective Work cor-
<br /> rected or the rejected Work removed and replaced, and all
<br /> for observation, inspection or testing as ENGINEER may
<br /> require, that portion of the Work in question, furnishing all direct, indirect and consequential costs of such removal and
<br /> necessary labor, material and equipment. If it is found that replacement (including but not limited to fees an~ charges of
<br /> engineers, architects, attorneys and other professionals) will,
<br /> suchWorkisdefective. CONTRACTORsha .bear all direct ,
<br /> indirect and consequential costs of such uncovering, expo- be paid by CONTRACTOR. In special circumstances where
<br /> sure. observation, inspection and testing and of satisfactory a particular item of equipment is placed in continuous service
<br /> before Substantial Completion of all the Work. the correction
<br /> reconstruction, (including but not limited to fees and charges
<br /> of engineers, architects, attorneys and other professionals), period for that item may start to run from an earlier date if
<br /> and OWNER shall be entitled to an appropriate decrease in so provided in the Specifications or by Written Amendment.
<br /> the Contract Price, and. if the parties are unable to agree as
<br /> to the amount thereof, may make a claim therefor as provided
<br /> in Article II. if, however, such Work is not found to be Acceptance ofDefectiw Work:
<br /> defective. CONTRACTOR shall be allowed an increase in 13.13. if. instead of requiring correction or removal and
<br /> the Contract Price or an extension of the Contract Time, or replacement of defecth.e Work. OWNER (and. prior to
<br /> both, directly attributable to such uncovering, exposure. ENGINEER's recommendation of final payment, also
<br /> observation, inspection, testing and reconstruclion; and. il' ENGINEER)prefers toaccept it OWNERmaydosg. CON-
<br /> the parties are unable to agree as to the amount or extent TRACTOR shall bear all direct, indirect and consequential
<br />
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