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13.09 Owner May Correct Defective Work <br />A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective <br />Work, or to remove and replace rejected Work as required by Engineer in accordance with <br />Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract <br />Documents, or if Contractor fails to comply with any other provision of the Contract Documents, <br />Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency. <br />B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed <br />expeditiously. In connection with such corrective or remedial action, Owner may exclude <br />Contractor from all or part of the Site, take possession of all or part of the Work and suspend <br />Contractor's services related thereto, take possession of Contractor's tools, appliances, <br />construction equipment and machinery at the Site, and incorporate in the Work all materials and <br />equipment stored at the Site or for which Owner has paid Contractor but which are stored <br />elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, <br />Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable <br />Owner to exercise the rights and remedies under this Paragraph. <br />C. All claims, costs, losses, and damages (including but not limited to all fees and charges of <br />engineers, architects, attorneys, and other professionals and all court or other dispute resolution <br />costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph <br />13.09 will be charged against Contractor, and a Change Order will be issued incorporating the <br />necessary revisions in the Contract Documents with respect to the Work; and Owner shall be <br />entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the <br />amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. <br />Such claims, costs, losses and damages will include but not be limited to all costs of repair, or <br />replacement of work of others destroyed or damaged by correction, removal, or replacement of <br />Contractor's defective Work. <br />D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the <br />performance of the Work attributable to the exercise by Owner of Owner's rights and remedies <br />under this Paragraph 13.09. <br />ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION <br />14.01 Schedule of Values <br />A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for <br />progress payments and will be incorporated into a form of Application for Payment acceptable to <br />Engineer. Progress payments on account of Unit Price Work will be based on the number of units <br />completed. <br />14.02 Progress Payments <br />A. Applications for Payments: <br />1. At least 20 days before the date established in the Agreement for each progress payment (but <br />not more often than once a month), Contractor shall submit to Engineer for review an <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 52 of 62 <br />