|
B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if
<br />requested by Engineer, uncover such Work for Engineer's observation, and then replace
<br />the covering, all at Contractor's expense.
<br />C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer
<br />or inspected or tested by others, then Contractor, at Engineer's request, shall uncover,
<br />expose, or otherwise make available for observation, inspection, or testing as Engineer may
<br />require, that portion of the Work in question, and provide all necessary labor, material, and
<br />equipment.
<br />1. If it is found that the uncovered Work is defective, Contractor shall be responsible for
<br />all claims, costs, losses, and damages arising out of or relating to such uncovering,
<br />exposure, observation, inspection, and testing, and of satisfactory replacement or
<br />reconstruction (including but not limited to all costs of repair or replacement of work
<br />of others); and pending Contractor's full discharge of this responsibility the Owner
<br />shall be entitled to impose a reasonable set-off against payments due under Article 15.
<br />2. If the uncovered Work is not found to be defective, Contractor shall be allowed an
<br />increase in the Contract Price or an extension of the Contract Times, or both, directly
<br />attributable to such uncovering, exposure, observation, inspection, testing,
<br />replacement, and reconstruction. If the parties are unable to agree as to the amount
<br />or extent thereof, then Contractor may submit a Change Proposal within 30 days of
<br />the determination that the Work is not defective.
<br />14.06 Owner May Stop the Work
<br />A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
<br />materials or equipment, or fails to perform the Work in such a way that the completed
<br />Work will conform to the Contract Documents, then Owner may order Contractor to stop
<br />the Work, or any portion thereof, until the cause for such order has been eliminated;
<br />however, this right of Owner to stop the Work shall not give rise to any duty on the part of
<br />Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier,
<br />any other individual or entity, or any surety for, or employee or agent of any of them.
<br />14.07 Owner May Correct Defective Work
<br />A. If Contractor fails within a reasonable time after written notice from Engineer to correct
<br />defective Work, or to remove and replace rejected Work as required by Engineer, or if
<br />Contractor fails to perform the Work in accordance with the Contract Documents, or if
<br />Contractor fails to comply with any other provision of the Contract Documents, then Owner
<br />may, after seven days written notice to Contractor, correct or remedy any such deficiency.
<br />B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed
<br />expeditiously. In connection with such corrective or remedial action, Owner may exclude
<br />Contractor from all or part of the Site, take possession of all or part of the Work and
<br />suspend Contractor's services related thereto, and incorporate in the Work all materials
<br />and equipment stored at the Site or for which Owner has paid Contractor but which are
<br />stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and
<br />employees, Owner's other contractors, and Engineer and Engineer's consultants access to
<br />the Site to enable Owner to exercise the rights and remedies under this paragraph.
<br />C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the
<br />rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-
<br />offs against payments due under Article 15. Such claims, costs, losses and damages will
<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 54 of 65
<br />
|