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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 <br /> <br /> <br />