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: (i) repair such defective land or areas, or (ii) 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 (ili) 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, or if CONTRACTOR
fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any
other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and
remedy any such deficiency.
B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with
such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of
all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools,
appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and
equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and
GC - 46 of 55
