be responsiblt (or and shall pay aII costs in conn ction with
<br />~ any inspection or tes;inc required in connection with OWN-
<br />ER's or ENGINEER's acceptance of a Supplicr f materials
<br />or equipment proposed to be incorporatcd in the 'ork, or oC
<br />materials or equipmeni submittcd for approval prir to CON-
<br />TRACTOR'spurchasethereofforincorporationi theWork.
<br />The cost of ail inspections, tests and approvals in ddition to
<br />the above which are required by the Contract ocuments
<br />shall be paid by OWNER (unless otherwise speci ed).
<br />13.5. All inspections, tests or approvals othe than those
<br />required by Laws or Regulations of any pubiic dy having
<br />jurisdietion shal( be performed by organizations acceptable
<br />to OWNER and CONTRACTOR (or by ENGI EER iC so
<br />specified).
<br />thcrzoC. CONTRACfOR may make a daim thcrcfor xs pro-
<br />vidcd in Articles I 1 and 12.
<br />Ox•ner May S1op (he tiYork: 13.10. If the Work is defecrire, or CONTRACTOR faiis
<br />to supply sufficient skilkd workers or suitable muerials or
<br />equipment, or fails to furnish or perform the WorA in such a
<br />way that the completed Work will con(orm to du Contract
<br />Documents, O W N ER may order CONTRACTOR to stop the
<br />\York, or any portion thereof, until the cause for such order
<br />has been eliminated; however, [his right oC OWNER to stop
<br />the Work shall not give rise [o any duty on the part of OWNER
<br />to exercise this righc for the benefi[ oC CONTRACTOR or
<br />any other party.
<br />13.6. If any Work (including the work of ot
<br />ers) that is Correction or Removal ojDejecrive R'ork:
<br />tobeinspected,testedorapprovediscoveredwi[
<br />outwritten 13.11. If required by ENGINEER, CONTRACTOR shall
<br />concurrence of ENGINEER, it must, if requeste
<br />by ENGI- promptly, as directed, either correct all dejective Work,
<br />NEER, be uncovered for observation. Such unco
<br />ering shall whether or not fabricated, installed or completed, or, if the
<br />be at CONTRACTOR's expense unless CONTR
<br />CfOR has . Work has been rejected by ENGINEER, remove it from the
<br />given ENGINEER timely notice of CONTRACT
<br />R's inten- site and rcplace it wi[h natdejecrire Work. CONTRACTOR
<br />tion [o eover the same and ENGINEER has no
<br />acted with shall bear all direct, indirect and consequential costs of suth
<br />reasonable promptness in response to such notic
<br />. correction or removal (induding but not limited to fees and
<br />:
<br />charges of engineers, architects, attorneys and other profes-
<br />13.7. Neither observations by ENGINEER
<br />or inspec- sionals) made necessary thereby.
<br />tions, tests or approvals by others sha(t relieve
<br />ON'I'RAC-
<br />TOR from CONTR.-1CTOR's obligations fo pecfo
<br />the Work Orse YearComectiart Period:
<br />in accordance with the Con[ract Documents.
<br />~
<br />13.12. If wi[hin one year after the date of Substantial
<br />Completion or such longer period of time as may be pre-
<br />scribed by L,aws or Regulations or by the terms of any appli-
<br />Ueeavering lVark:
<br />cable special guarantee required by the ConCract Documents
<br />13.8. If any Work is covered con[rary to ehe wri
<br />tten request ar by any specific provision of the Contract Documen[s, any
<br />"
<br />it must, if requested by ENG
<br />oC ENGINEER
<br />CRACTORshall promptly,
<br />VEER, be Work isfound to be dejective. CON
<br />'
<br />,
<br />uncovered for ENGINEER's observation and
<br />s
<br />eplaced at µ'ithout cost (o OWNER and in accordance with OWNER
<br />CONTRAC'COR's expense.
<br />Written instruc[ions, either correct such dejective Work, ar,
<br />if it has been rejected by OWNER, remove it from the site
<br />If ENG[NEER considers it necessary
<br />13
<br />9
<br />r advisable and replace i[ with nondejectire Work. If CONTRACTOR
<br />.
<br />.
<br />thatcoveredWorkbeobservedbyfiNGINEER
<br />rinspected doesnotpromptlycomplywiththetermsofsuchinstcuctions.
<br />or tested by others. CONTRACTOR, at E
<br />GINEER's or in an emergency where delay would cause serious risk of
<br />shall uncover, expose or otherwise ma
<br />request
<br />•e available loss or damage, OWNER may have Ihe dejecrive Work cor-
<br />,
<br />inspection or tes[ing as ENGI
<br />for observation
<br />'EER may rected or the rejected Work removed and replaced, and all
<br />,
<br />that portion of the Work in question. C
<br />require
<br />mishing atI direct, indirect and consequential costs of such removal and
<br />,
<br />material and equipment. If it i
<br />netessary labor
<br />found that replacemen[ (including but not timited to faes and charges of
<br />,
<br />such Work is defectire. CONTRACTOR shall be
<br />r all direct, engineers, architec[s, attorneys aad other professionals) will
<br />indirec[ and consequenlial costs of such uncov
<br />ring, expo- be paid by CONTRACTOR. In special circumstances where
<br />inspection and lesting and of
<br />sure
<br />observation
<br />atisCac[ory a particularitem of equipment is placed in continuous service
<br />,
<br />,
<br />reconstruction, (including but not limited to Cees
<br />nd charges beCore Substantial Completion ofall the Work, thecorrection
<br />Period for that item may start to run from an earlier date if
<br />oC engineers, architects, attorneys and other pr
<br />(essionals),
<br />so provided in the Specifications or by Written Amendmenc.
<br />and OWNER shall be entitled to an appropriate
<br />decrease in
<br />the Contract Price, and, iC the parties are unabl
<br />to agree as
<br />lo the amaunt thereof, may make a claim therefor
<br />as provided
<br />Accep[artce ofDeJective lYark:
<br />in Anicle 11. If, however, such Work is not
<br />ound to be
<br />(ICf[ClII'!. CONTRACTOR shall ba allowed an
<br />increase in 13.13. [f, instead of requiring correction or removal and
<br />lhe Contract Price or an exlension oC the Cont
<br />ct Time, or replacement of dejecrire Work. OWNER (and. prior to
<br />both, dircctly attributablc to such uncovering
<br />exposure, ENG[NEER's recommendation oC final payment, also
<br />~observation, inspection, testing and reconstruc
<br />ion; and, if ENGINEER)prcferstoaccepti[.OWNERmaydoso.CON-
<br />the panies are unabk to agrec xs to the amou
<br />e or extent TRACTOR shaU bear all direct, indirect and consequential
<br />5S
<br />
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