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  2. Finance Committee - Agenda - 3/17/2021 - P386

Finance Committee - Agenda - 3/17/2021 - P386

By dnadmin on Mon, 11/07/2022 - 13:45
Document Date
Fri, 03/12/2021 - 12:03
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 03/17/2021 - 00:00
Page Number
386
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__031720…

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 right 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).

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

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Finance Committee - Agenda - 3/17/2021 - P386

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