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' replacement or reconstruction (including but not limited to all costs of repair or replacement of <br /> work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If <br /> the parties are unable to agree as to the amount thereof, Owner may make a Claim therefore as <br /> provided in Paragraph 10.05. <br /> D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the <br /> ' Contract Price or an extension of the Contract Times, or both, directly attributable to such <br /> uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the <br /> parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim <br /> ' therefore as provided in Paragraph 10.05. <br /> 13.05 Owner May Stop the Work <br /> ' A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable <br /> materials or equipment, or fails to perform the Work in such a way that the completed Work will <br /> ' conform to the Contract Documents, or if the Work interferes with the operation of the existing <br /> facility, Owner may order Contractor to stop the Work, or any portion thereof,until the cause for <br /> such order has been eliminated; however, this right of Owner to stop the Work shall not give rise <br /> ' to any duty on the part of Owner to exercise this right for the benefit of Contractor, any <br /> Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or <br /> agent of any of them. <br /> ' 13.06 Correction or Removal of Defective Work <br /> ' A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or <br /> not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it <br /> from the Project and replace it with Work that is not defective. Contractor shall pay all claims, <br /> ' costs, losses, and damages (including but not limited to all fees and charges of engineers, <br /> architects, attorneys, and other professionals and all court or arbitration or other dispute <br /> resolution costs) arising out of or relating to such correction or removal (including but not <br /> ' limited to all costs of repair or replacement of work of others). Retesting which is necessary as a <br /> result of failed testing or defective work shall be at the Contractor's expense. <br /> ' B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, <br /> Contractor shall take no action that would void or otherwise impair Owner's special warranty <br /> and guarantee,if any, on said Work. <br /> ' C. At any time during the progress of the Work and up to the date of final acceptance, the Engineer <br /> shall have the right to reject any Work that does not conform to the requirements of the Contract <br /> ' Documents, even though such Work has been previously inspected and paid for. Any omissions <br /> or failure on the part of the Engineer to disapprove or reject any Work or materials at the time of <br /> inspection shall not be construed as an acceptance of any defective Work or materials. <br /> 13.07 Correction Period <br /> ' A. If within one year after the date of Substantial Completion(or such longer period of time as may <br /> be prescribed by the terms of any applicable special guarantee required by the Contract <br /> Documents) or by any specific provision of the Contract Documents, any Work is found to be <br /> defective, or if the repair of any damages to the land or areas made available for Contractor's use <br /> EJCDC C-700 Modified Standard General Conditions of the Construction Contract <br /> Copyright©2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br /> Page 65 of 81 <br />