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05-28-1985 Council Packet
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05-28-1985 Council Packet
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sure, observation, inspection, testing and reconstruction if he makes a claim <br />therefor as provided herein. <br />8.12 CUTTING AND PATCHING <br />The Contractor shall do all necessary cutting, fixing or patching of the Work <br />that may be required to make its several parts fit together properly, or to <br />properly receive the Work of the various trades, or, as required by the Draw- <br />ings and Specifications, to complete the Work. He shall restore all such cut <br />or patched work as approved by the Engineer. Cutting of existing structure <br />that shall endanger the Work, adjacent property, workmen or the public shall <br />not he done. <br />8.13 WARRANTY AND GUARANTEE <br />Contractor warrants and guarantees to Owner and Engineer that all Work, in- <br />cluding materials and equipment, will be in accordance with the Contract Docu- <br />ments and will not be faulty or defective. Prompt notice of all defects shall <br />be given to Contractor upon discovery. All defective Work, whether or not in <br />place, may be rejected, corrected or accepted as provided in paragraph 8.15 <br />and 8.16. This warranty and guarantee shall be in addition to and not in <br />limitation of any other warranty or guarantee required by law or by these Con- <br />tract Documents, including the provisions of paragraph 8.14. <br />8.14 ONE YEAR CORRECTION PERIOD <br />If within one year after the date of Substantial Completion or such longer <br />period of time as may be prescribed by law or by the terms of any applicable <br />special guarantee required by the Contract Documents or by any specific pro- <br />vision of the Contract Documents, any Work is found to be defective, Contrac- <br />tor shall promptly, without cost to Owner and in accordance with Owner's writ- <br />ten instructions, either correct such defective Work, or, if it has been <br />rejected by Owner, remove it from the site and replace it with nondefective <br />Work. If Contractor does not promptly comply with the terms of such instruc- <br />tions, or in an emergency where delay would cause serious risk of loss or dam- <br />age, Owner may have the defective Work corrected or the rejected Work removed <br />and replaced, and all direct and indirect costs of such removal and replace- <br />ment, including compensation for additional professional services, of Engineer <br />or others, shall he paid by Contractor. This obligation shall survive any <br />termination of the Agreement between Owner and Contractor. <br />8.15 CORRECTION OR REMOVAL OF DEFECTIVE WORK <br />If required by Engineer, Contractor shall promptly, without cost to Owner and <br />as specified by Engineer, either correct any defective Work, whether or not <br />fabricated, installed or completed, or, if the Work has been rejected by Engi- <br />neer, remove it from the site and replace it with nondefective Work. <br />1 /85 - 1490'lF, <br />Copyright 1 98 <br />RoneRtroo, Rosene, Anderlik <br />R ARNrlrlatpR. Inc. <br />
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