F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable promptness in response to such notice.
G. The OWNER intends to provide inspection for the project. The inspector will be available during a forty (40)
hour period during the week from Monday through Friday. In the event the CONTRACTOR receives permission
from the OWNER and elects to work more than forty hours during the week or more than 10 hours in one day, or
on a Saturday, Sunday, or legal holiday, the CONTRACTOR shall be responsible for all inspection, engineering
and testing costs incurred during that period. For all inspection and testing work performed on Saturday, Sunday,
or legal holidays, the minimum chargeable time shall be four (4) hours. The OWNER reserves the nght to deduct
these inspection, engineering, and testing costs directly from the CONTRACTOR’S payments.
13.04 Uncovering Work
A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be
uncovered for ENGINEER's observation and replaced at CONTRACTOR’S expense.
B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otherwise make
available for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment. If it is found that such Work is defective,
CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and
of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of
work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are
unable to agree as to the amount thereof, OWNER may make a Claim therefore as provided in paragraph 10.05.
If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract
Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering,
exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as
to the amount or extent thereof, CONTRACTOR may make a Claim therefore as provided in paragraph 10.05.
13.05 OWNER May Stop the Work
A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract
Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause of
such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty
on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier,
any other individual or entity, or any surety for, or employee or agent of any of them.
13.06 Correction or Removal of Defective Work
A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the
Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective.
CONTRACTOR shall pay all Claims, costs, losses, damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution
costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or
replacement of work of others).
GC - 46 of 57
