be responsible for and shall pay atl.,c, osts Jn connection with
<br />any inspection or testing required in connection with OWN-
<br />ER's or ENGINEER's acceptance of a Supplier of materials
<br />or equlpment proposed to be incorporated in the V/ork. orof
<br />materials or equipment submitted for approval prior to CON -
<br />TRACTOR's purchase thereof for incorporation in the Work..
<br />The cost of all inspections, tests and approvals in add,don to
<br />the above which arc required by the Contract Documents
<br />shall be paid by OWNER (unless othe~vise specified}.
<br />
<br /> 13.$. Alt inspections, tests or approvals other than those
<br />required by Laws or Regulations of any public body having
<br />jurisdiction shall be performed by organizations acceptable
<br />to OWNER and CONTRACTOR (or by ENGINEER if so
<br />specified).
<br />
<br /> 13.6. If any Work (including the work of others) that is
<br />to be inspected, tested or approved is covered without written
<br />concurrence of ENGINEER, it must, if requested by ENGI-
<br />NEER, be uncovered for observation. Such uncovering shall
<br />be at CONTRACTOR's expense unless CONTRACTOR has
<br />given ENGINEER timely notice of CONTRACTOR's inten-
<br />tion to cover the same and ENGINEER has not acted with
<br />reasonable promptness in response to such notice.
<br />
<br /> 13.7. Neither observations by ENGINEER nor inspec-
<br />tions, tests or approvals by others shall relieve CONTRAC-
<br />TOR from CONTRACTOR's obligations to perform the Work
<br />in accordance with the Contract Documents.
<br />
<br />Uncovering Work:
<br />
<br /> 13.8. Ifany Work is covered contrary to the written request
<br />of ENGINEER, it must, if requested by ENGINEER, be
<br />uncovered for ENGINEER's observation and replaced at
<br />CONTRACTOR's expense.
<br />
<br /> 13.9. If ENGINEER considers it necessary or advisable
<br />that covered Work be observed by ENGINEER or inspected
<br />or tested by others, CONTRACTOR, at ENGINEER's
<br />request, shall uncover, expose or otherwise make available
<br />for observation, inspection or testing as ENGINEER may
<br />require, that portion of the Work in question, furnishing all
<br />necessary labor, material and equipment. If it is found that
<br />such Work is defecth,e. CONTRACTOR shall.bear all direct,
<br />indirect and consequential costs of such uncovering, expo-
<br />sure. observation, inspection and testing and of satisfactory
<br />reconstruction, (including but not limited to fees and charges
<br />of engineers, architects, attorneys and other professionals).
<br />and OWNER shall be entitled to an appropriate decrease in
<br />the Contract Price, and, if the parties are unable to agree as
<br />to the amount thereof, may make a claim tberefor as provided
<br />in Article II. If. however, such Work is not found to be
<br />defecth.e. CONTRACTOR shall be allowed an increase in
<br />the Contract Price or an extension of the Contract Time, or
<br />both, directly attributable to such uncovering, exposure,
<br />observation, inspection, testing and reconstruction; and. if
<br />the parties are unable to agrec as to the amount or extcnt
<br />
<br />thereof. CONTRACTOR may make a claim thcrct;:,- as pro-
<br />vidcd in Articles Il and 12.
<br />
<br />Owner Ma)' Stop the Work:
<br />
<br /> 13.10. If the Work is defective, or CONTRACTOR fails
<br />to supply sufficient skilled workers or suitable materials or
<br />equipment, or fails to furnish or perform thc Work in such a
<br />way that the completed Work will conform to the Contract
<br />Documents, OWNER may order CONTRACTOR to st. op the
<br />Work. or any portion thereof, until the cause for such order
<br />has been eliminated; however, this right of OWNER to stop
<br />the Work shall not give rise to any duty on the part of OWNER
<br />to exercise this right for the benefit of CONTRACTOR or
<br />any other party.
<br />
<br />Correction or Removal of Defectlve Work:
<br />
<br /> 13.1 I. lfrequlmd by ENGINEER, CONTRACTOR shall
<br />promptly, as directed, either correct ail defecti~'e Work,
<br />whether or not fabricated, installed or completed, or, if the
<br />Work has been rejected by ENGINEER, remove it from the
<br />site and replace it with nondefective Work. CONTRACTOR
<br />shall bear all direct, indirect and consequential costs of such
<br />correction or removal (including but not limited to fees and
<br />charges of engineers, architects, attorneys and other profes-
<br />sionals) made necessary thereby.
<br />
<br />One Year Correction Period:
<br />
<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 />cable special guarantee required by the Cont~ct Documents
<br />or by any specific provision of the Contract Documents, any
<br />Work is found to be defective, CONTRACTOR shall promptly,
<br />without cost to OWNER and in accordance with OWNER's
<br />written instructions, either correct such defective Work, or.
<br />if it has been rejected by OWNER, remove it from the site
<br />and replace it with nondefective Work. If CONTRACTOR
<br />does not promptly comply with the terms of such instruetions.
<br />or in an emergency where delay would cause serious risk of
<br />loss or damage, OWNER may have the de£ectivt Work cor-
<br />rected or the rejected Work removed and replaced, and all
<br />direct, indirect and consequential costs of such removal and
<br />replacement (including but not limited to fees and. charges of
<br />engineers, architects, attorneys and other professionals) will,
<br />be paid by CONTRACTOR. In special circumstances Where
<br />a particular item of equipment is placed in continuous service
<br />before Substantial Completion of all the Work, the correction
<br />period for that item may start to run from an earlier date if
<br />so provided in the Specifications or by Written Amendment.
<br />
<br />Acceptance of Defective Work:
<br /> 13.13. If, instead of requiring correction or removal and
<br />replacement of defecth'e Work. OWNER (and. prior to
<br />ENGINEER's recommendation of final payment, also
<br />ENGINEER} profers to accept t,OWNER maydo s~.CON-
<br />TRACTOR shall bear all direct, indirect and consequential
<br />
<br />53
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