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cover the same and Engineer had not acted with reasonable promptness in response to
<br />such notice.
<br />14.03 Defective Work
<br />A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not
<br />defective.
<br />B. Engineer's Authority: Engineer has the authority to determine whether Work is defective,
<br />and to reject defective Work.
<br />C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has
<br />actual knowledge will be given to Contractor.
<br />D. Correction, or Removal and Replacement: Promptly after receipt of written notice of
<br />defective Work, Contractor shall correct all such defective Work, whether or not fabricated,
<br />installed, or completed, or, if Engineer has rejected the defective Work, remove it from the
<br />Project and replace it with Work that is not defective.
<br />E. Preservation of Warranties: When correcting defective Work, Contractor shall take no
<br />action that would void or otherwise impair Owner's special warranty and guarantee, if any,
<br />on said Work.
<br />F. Costs and Damages: In addition to its correction, removal, and replacement obligations
<br />with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages
<br />arising out of or relating to defective Work, including but not limited to the cost of the
<br />inspection, testing, correction, removal, replacement, or reconstruction of such defective
<br />Work, fines levied against Owner by governmental authorities because the Work is
<br />defective, and the costs of repair or replacement of work of others resulting from defective
<br />Work. Prior to final payment, if Owner and Contractor are unable to agree as to the
<br />measure of such claims, costs, losses, and damages resulting from defective Work, then
<br />Owner may impose a reasonable set-off against payments due under Article 15.
<br />14.04 Acceptance of Defective Work
<br />A. If, instead of requiring correction or removal and replacement of defective Work, Owner
<br />prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final
<br />payment, to Engineer's confirmation that such acceptance is in general accord with the
<br />design intent and applicable engineering principles, and will not endanger public safety).
<br />Contractor shall pay all claims, costs, losses, and damages attributable to Owner's
<br />evaluation of and determination to accept such defective Work (such costs to be approved
<br />by Engineer as to reasonableness), and for the diminished value of the Work to the extent
<br />not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the
<br />necessary revisions in the Contract Documents with respect to the Work shall be
<br />incorporated in a Change Order. If the parties are unable to agree as to the decrease in the
<br />Contract Price, reflecting the diminished value of Work so accepted, then Owner may
<br />impose a reasonable set-off against payments due under Article 15. If the acceptance of
<br />defective Work occurs after final payment, Contractor shall pay an appropriate amount to
<br />Owner.
<br />14.05 Uncovering Work
<br />A. Engineer has the authority to require special inspection or testing of the Work, whether or
<br />not the Work is fabricated, installed, or completed.
<br />EJCDC® C-700, Standard General Conditions of the Construction Contract.
<br />Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies,
<br />and American Society of Civil Engineers. All rights reserved. Page 53 of 65
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