Common use of Uncovering Work Clause in Contracts

Uncovering Work. A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ▇▇▇▇- ▇▇▇▇, be uncovered for ENGINEER’s observation and replaced at CONTRACTOR’s expense. ▇. ▇▇ ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspect- ed or tested by others, CONTRACTOR, at ENGINEER’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05.

Uncovering Work. A. If any Work is covered contrary to the written request of ENGINEEREngineer, it must, if requested by ▇▇▇▇- ▇▇▇▇Engineer, be uncovered for ENGINEER’s Engineer's observation and replaced at CONTRACTOR’s Contractor's expense. ▇. ▇▇ ENGINEER B. If Engineer considers it necessary or advisable that covered Work be observed by ENGINEER Engineer or inspect- ed inspected or tested by others, CONTRACTORContractor, at ENGINEER’s Engineer's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. . C. If it is found that such the uncovered Work is defective, CONTRACTOR Contractor shall pay all Claimsclaims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER Owner may make a Claim therefor as provided in paragraph Paragraph 10.05. . D. If, however, such the uncovered Work is not found to be defective, CONTRACTOR Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones)Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR Contractor may make a Claim therefor as provided in paragraph Paragraph 10.05.

Uncovering Work. A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ▇▇▇▇- ▇▇▇▇, be uncovered for ENGINEER’s observation and replaced at CONTRACTOR’s expense. ▇. ▇▇ B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspect- ed or tested by others, CONTRACTOR, at ENGINEER’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05.

Uncovering Work. A. If any Work is covered contrary to the written request of ENGINEEROwner’s Representative or ARCHITECT, it must, if requested by ▇▇▇▇- ▇▇▇▇ARCHITECT or Owner’s representative, be uncovered for ENGINEER’s observation and replaced at CONTRACTOR’s expense. ▇. ▇▇ ENGINEER B. If ARCHITECT considers it necessary or advisable that covered Work be observed by ENGINEER ARCHITECT or inspect- ed inspected or tested by others, CONTRACTOR, at ENGINEERARCHITECT’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER ARCHITECT may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineersENGINEERS, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05.

Uncovering Work. A. If any Work is covered contrary to the written request of ENGINEERProject Administrator, it must, if requested by ▇▇▇▇- ▇▇▇▇Project Administrator, be uncovered for ENGINEERProject Administrator’s observation and replaced at CONTRACTORContractor’s expense. ▇. ▇▇ ENGINEER B. If Project Administrator considers it necessary or advisable that covered Work be observed by ENGINEER Project Administrator or inspect- ed inspected or tested by others, CONTRACTORContractor, at ENGINEERProject Administrator’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER Project Administrator may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. . C. If it is found that such the uncovered Work is defective, CONTRACTOR Contractor shall pay all Claimsclaims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER Owner may make a Claim therefor as provided in paragraph Paragraph 10.05. If, however, such . D. If the uncovered Work is not found to be defective and the Contractor had adequately photographed the work prior to covering in accordance with 13.03.G to show that it was not defective, CONTRACTOR then Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones)Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If Contractor does not have adequate photographic documentation of the covered work to demonstrate its condition, then the Contractor shall not be allowed an increase in the Contract Price nor an extension of Contract Time. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR Contractor may make a Claim therefor as provided in paragraph Paragraph 10.05.

Uncovering Work. A. Owner has the right to require additional inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. If any Work is covered contrary to the written request of ENGINEEROwner, it mustthen Contractor shall, if requested by ▇▇▇▇- ▇▇▇▇Owner, be uncovered uncover such Work for ENGINEEROwner’s observation observation, and replaced then replace the covering, all at CONTRACTORContractor’s expense. ▇. ▇▇ ENGINEER C. If Owner considers it necessary or advisable that covered Work be observed by ENGINEER Owner or inspect- ed inspected or tested by others, CONTRACTORthen Contractor, at ENGINEEROwner’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER Owner may require, that portion of the Work in question, furnishing and provide all necessary labor, material, Equipment and equipmentMaterial. 1. If it is found that such the uncovered Work is defective, CONTRACTOR Contractor shall pay be responsible for all Claimsclaims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER pending Contractor’s full discharge of this responsibility the Owner shall be entitled to an appropriate decrease in the Contract Priceimpose a reasonable set-off against payments due under Article 15. 2. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such uncovered Work is not found to be defective, CONTRACTOR Contractor shall be allowed an increase in the Contract Price GMP or an extension of the Contract Times (or Milestones), or bothTimes, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR then Contractor may make submit a Claim therefor as provided in paragraph 10.05Change Proposal within 30 days of the determination that the Work is not defective.

Uncovering Work. A. If any Work is covered contrary to the written request of ENGINEEREngineer, it must, if requested by ▇▇▇▇- ▇▇▇▇Engineer, be uncovered for ENGINEEREngineer’s observation and replaced at CONTRACTORContractor’s expense. ▇. ▇▇ ENGINEER B. If Engineer considers it necessary or advisable that covered Work be observed by ENGINEER Engineer or inspect- ed inspected or tested by others, CONTRACTORContractor, at ENGINEEREngineer’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER Engineer may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. . C. If it is found that such the uncovered Work is defective, CONTRACTOR Contractor shall pay all Claimsclaims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER Owner may make a Claim therefor as provided in paragraph Paragraph 10.05. If, however, such . D. If the uncovered Work is not found to be defective, CONTRACTOR Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones)Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR Contractor may make a Claim therefor as provided in paragraph Paragraph 10.05.