13.07 Correction Period
A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed
by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract documents
or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any
damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and
Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly,
without cost to OWNER and in accordance with OWNER's written instructions: (1) repair such defective land or
areas, or (11) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from
the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and
replace any damage to other Work, to the work of others or other land or areas resulting there from. If
CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay
would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may
have the rejected Work removed and replaced, and 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 correction or repair or such removal
and replacement (including but not limited to all costs of repair or replacement work of others) will be paid by
CONTRACTOR.
B. In special circumstances where a particular item of equipment is placed in continuous service before
Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if
so provided in the Specifications or by Written Amendment.
C. Where defective Work (and damage to other Work resulting there from) has been corrected or removed and
replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended
for an additional period of one year after such correction or removal and replacement has been satisfactorily
completed.
D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty.
The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of
any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so,
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) attributable to OWNER's evaluation of and determination to accept such defective Work (such
costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not
otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to
ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary
revisions in the Contract Price, reflecting the diminished value of Work so accepted. 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 the
acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to
OWNER.
13.09 OWNER May Correct Defective Work
A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A,
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