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2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph
<br />13.04.B shall be paid as provided in Paragraph 13.04.C; and
<br />3. as otherwise specifically provided in the Contract Documents.
<br />C. If Laws or Regulations of any public body having jurisdiction require any Work (or part
<br />thereof) specifically to be inspected, tested, or approved by an employee or other representative
<br />of such public body, Contractor shall assume full responsibility for arranging and obtaining such
<br />inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the
<br />required certificates of inspection or approval.
<br />D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
<br />with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of
<br />materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs,
<br />or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in
<br />the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable
<br />to Owner and Engineer.
<br />E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
<br />Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer,
<br />uncover such Work for observation.
<br />F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless
<br />Contractor has given Engineer timely notice of Contractor's intention to cover the same and
<br />Engineer has not acted with reasonable promptness in response to such notice.
<br />13.04 Uncovering Work
<br />A. If any Work is covered contrary to the written request of Engineer, it must, if requested by
<br />Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense.
<br />B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
<br />inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or
<br />otherwise make available for observation, inspection, or testing as Engineer may require, that
<br />portion of the Work in question, furnishing all necessary labor, material, and equipment.
<br />C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses,
<br />and damages (including but not limited to all fees and charges of engineers, architects,
<br />attorneys, and other professionals and all court or arbitration or other dispute resolution costs)
<br />arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and
<br />of satisfactory replacement or reconstruction (including but not limited to all costs of repair or
<br />replacement of work of others); and Owner shall be entitled to an appropriate decrease in the
<br />Contract Price. If the parties are unable to agree as to the amount thereof, Owner may make a
<br />Claim therefor as provided in Paragraph 10.05.
<br />D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in
<br />the 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 />EJCDC C-700 Standard General Conditions of the Construction Contract
<br />Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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