B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but
OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.
14.05 Partial Utilization
D. Reduction in Payment.
1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because:
a. Claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the
Work;
b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific
Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens;
c. There are other items entitling OWNER to a set-off against the amount recommended; or
ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's
failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work.
Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any
examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the
OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CONTRACTOR,
and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the
Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree
as to the amount of the adjustment, OWNER may make a Claim therefore as provided in paragraph 10.05. 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
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
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to
CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
f. When both addition and credits are involved in any one change, the adjustment in CONTRACTOR's fee
shall be computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a through
12.01.C.2.e inclusive.
12.02 Change of Contract Times
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract
Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately
identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The
estimated quantities of items of the Unit Price Work are not guaranteed and are solely for the purpose of comparison of
k. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance
CONTRACTOR is required by the Contract Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
