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City of Everett 00 72 00 - 33 <br />Port Gardner Storage Facility – Facility Construction Package WO# UP-3525 <br /> <br /> <br />00 72 00 - 33 GENERAL CONDITIONS <br />8.10. CORRECTION PERIOD <br />If within one year after the date of Substantial Completion, or such longer period of time as may be <br />prescribed by the terms of any applicable special guarantee or warranty required by the Contract <br />Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, <br />or if the repair of any damage to the land or areas made available for Contractor’s use by Owner or <br />permitted by Laws and Regulations as contemplated in Paragraph 8.6.6. is found to be defective, <br />Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions: <br />1. repair such damaged 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 with <br />Work that is not defective, and <br />4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of <br />others or other land or areas resulting there from. <br />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 defective Work <br />corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and <br />damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other <br />professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such <br />correction or repair or such removal and replacement (including but not limited to all costs of repair or <br />replacement of Work of others) will be paid by Contractor. <br />The Owner is hereby authorized to make such repairs if, ten (10) days after giving of such notice to the <br />Contractor, the Contractor has failed to make or undertake the repairs with due diligence. In case of an <br />emergency where, in the opinion of the Owner, Delay could cause serious loss or damage, repairs may be <br />made prior to or concurrent with notice being sent to the Contractor. All expenses in connection with <br />such repairs will be charged to the Contractor. <br />In special circumstances where a particular item of equipment is placed in continuous service before <br />Substantial Completion of all the Work, the correction period for that item may start to run from an earlier <br />date if so provided in the Specifications. <br />Where defective Work (and damage to other Work resulting there from) has been corrected or removed <br />and replaced under this Paragraph 8.10, the correction period hereunder with respect to such Work will be <br />extended for an additional period of one year after such correction or removal and replacement has been <br />satisfactorily completed. <br />Contractor’s obligations under this Paragraph 8.10 are in addition to any other obligation, guarantee or <br />warranty. The provisions of this Paragraph 8.10 shall not be construed as a substitute for or a waiver of <br />the provisions of any applicable statute of limitation or repose.