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1. repair such defective land or areas; or <br />2. correct such defective Work; or <br />3. if the defective Work has been rejected by Owner, remove it from the Project and replace it <br />with Work that is not defective, and <br />4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work <br />of others or other land or areas resulting therefrom. <br />B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an <br />emergency where delay would cause serious risk of loss or damage, Owner may have the <br />defective Work corrected or repaired or may have the rejected Work removed and replaced. All <br />claims, 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 repair or such removal and <br />replacement (including but not limited to all costs of repair or replacement of work of others) will <br />be paid by Contractor. <br />C. In special circumstances where a particular item of equipment is placed in continuous service <br />before Substantial Completion of all the Work, the correction period for that item may start to run <br />from an earlier date if so provided in the Specifications. <br />D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or <br />removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to <br />such Work will be extended for an additional period of one year after such correction or removal <br />and replacement has been satisfactorily completed. <br />E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or <br />warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a <br />waiver of, the provisions of any applicable statute of limitation or repose. <br />13.08 Acceptance of Defective Work <br />A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, <br />prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may <br />do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all <br />fees and charges of engineers, architects, attorneys, and other professionals and all court or other <br />dispute resolution costs) attributable to Owner's evaluation of and determination to accept such <br />defective Work (such costs to be approved by Engineer as to reasonableness) and for the <br />diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this <br />sentence. If any such acceptance occurs prior to Engineer's recommendation of final payment, a <br />Change Order will be issued incorporating the necessary revisions in the Contract Documents <br />with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract <br />Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to <br />the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05. If the <br />acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor <br />to Owner. <br />EJCDC C-700 Standard General Conditions of the Construction Contract <br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. <br />Page 51 of 62 <br />