Common use of Uncovering Work Clause in Contracts

Uncovering Work. Without limiting Owner’s right to inspect the Work at any time on the Project Site, at each weekly construction meeting at the Project Site, Contractor shall provide to Owner a copy of Contractor’s 3 week look-ahead schedule for Work to be performed on the Project Site. Owner shall promptly advise Contractor in writing of those items of Work on such look-ahead schedule that it specifically wants to witness or inspect. For those items of Work that Owner advises Contractor that it wants to witness or inspect, Contractor shall keep Owner reasonably apprised of changes to the time and location of the performance of such events. If Contractor performs any such item of Work at a time as to which Owner did not have Notice in accordance herewith, then, upon Owner’s written request, given within 7 days of the date on which Owner was advised that such Work would be performed, Contractor shall expose, uncover or otherwise test such Work as Owner may reasonably require. If Owner fails to witness or inspect Work which it had requested the opportunity to witness or inspect, Contractor shall be entitled to proceed with such Work and Owner shall not be entitled to enforce its rights under this Section 4.5, except upon issuance of a Change Order to Contractor in accordance with Article 10. With respect to any other Work that is covered by Contractor, Contractor, at Owner’s written request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Owner may require. If Work is Defective, Contractor shall (a) not be entitled to a Change Order on account thereof, including any cost or delay associated therewith, and (b) prepare a Recovery Plan if there is a delay in the Project Schedule. If, however, such Work is not Defective, Owner shall issue Contractor a Change Order in accordance with Article 10 for the associated impact, as demonstrated by Contractor in a Change Order Request.

Uncovering Work. Without limiting Owner’s right to inspect the Work at any time on the Project Site, at each weekly construction meeting at the Project SiteSite occurring during Phase 2, Contractor shall provide to Owner a copy of Contractor’s 3 week look-ahead schedule for Work to be performed on the Project Site. Owner shall promptly advise Contractor in writing of those items of Work on such look-ahead schedule that it specifically wants to witness or inspect. For those items of Work that Owner advises Contractor that it wants to witness or inspect, Contractor shall keep Owner reasonably apprised of changes to the time and location of the performance of such events. If Contractor performs any such item of Work at a time as to which Owner did not have Notice in accordance herewith, then, upon Owner’s written request, given within 7 days of the date on which Owner was advised that such Work would be performed, Contractor shall expose, uncover or otherwise test such Work as Owner may reasonably require. If Owner fails to witness or inspect Work which it had requested the opportunity to witness or inspect, Contractor shall be entitled to proceed with such Work and Owner shall not be entitled to enforce its rights under this Section 4.5, except upon issuance of a Change Order to Contractor in accordance with Article 10. With respect to any other Work that is covered by Contractor, Contractor, at Owner’s written request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Owner may require. If Work is Defective, Contractor shall (a) not be entitled to a Change Order on account thereof, including any cost or delay associated therewith, and (b) prepare a Recovery Plan if there is a delay in the Project Schedule. If, however, such Work is not Defective, Owner shall issue Contractor a Change Order in accordance with Article 10 for the associated impact, as demonstrated by Contractor in a Change Order Request.

Uncovering Work. Without limiting Owner’s right to inspect A. If any Work (or the Work at any time on the Project Site, at each weekly construction meeting at the Project Site, Contractor shall provide to Owner a copy work of Contractor’s 3 week look-ahead schedule for Work others) that is to be performed on the Project Site. Owner shall promptly advise Contractor in writing of those items of Work on such look-ahead schedule that it specifically wants to witness inspected, tested, or inspect. For those items of Work that Owner advises Contractor that it wants to witness or inspect, Contractor shall keep Owner reasonably apprised of changes to the time and location of the performance of such events. If Contractor performs any such item of Work at a time as to which Owner did not have Notice in accordance herewith, then, upon Owner’s written request, given within 7 days of the date on which Owner was advised that such Work would be performed, Contractor shall expose, uncover or otherwise test such Work as Owner may reasonably require. If Owner fails to witness or inspect Work which it had requested the opportunity to witness or inspect, Contractor shall be entitled to proceed with such Work and Owner shall not be entitled to enforce its rights under this Section 4.5, except upon issuance of a Change Order to Contractor in accordance with Article 10. With respect to any other Work that approved is covered by ContractorDesign-Build Entity without written concurrence of District’s Representative, ContractorDesign-Build Entity shall, if requested by District’s Representative, uncover such Work for observation. B. Uncovering Work shall be at Design-Build Entity’s expense unless Design-Build Entity has given District’s Representative timely notice of Design-Build Entity’s intention to cover the same and District’s Representative has not acted with reasonable promptness in response to such notice. C. If Design-Build Entity has given District’s Representative timely notice of Design-Build Entity’s intention to cover the work and District’s Representative has not acted with reasonable promptness in response to such notice, and District’s Representative later considers it necessary or advisable that covered Work be observed by District’s Representative or inspected or tested by others, Design-Build Entity, at OwnerDistrict’s written Representative’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Owner District’s Representative may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is Defectivedefective, Contractor Design-Build Entity shall pay all claims, costs, losses, and damages (aincluding 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 District shall be entitled to a Change Order on account thereof, including any cost or delay associated therewith, and (b) prepare a Recovery Plan if there is a delay an appropriate decrease in the Project ScheduleContract Price. 2. If, however, such If the uncovered Work is not Defectivefound to be defective, Owner Design-Build Entity shall issue Contractor a Change Order be allowed an increase in accordance with Article 10 for the associated impactContract Price and/or an extension of the Contract Times, as demonstrated by Contractor in a Change Order Requestdirectly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction.

Uncovering Work. Without limiting Owner’s right to inspect A. If any Work (or the Work at any time on the Project Site, at each weekly construction meeting at the Project Site, Contractor shall provide to Owner a copy work of Contractor’s 3 week look-ahead schedule for Work others) that is to be performed on the Project Site. Owner shall promptly advise Contractor in writing of those items of Work on such look-ahead schedule that it specifically wants inspected, tested, or approved pursuant to witness or inspect. For those items of Work that Owner advises Contractor that it wants to witness or inspectParagraph 13.03 above, Contractor shall keep Owner reasonably apprised of changes to the time and location of the performance of such events. If Contractor performs any such item of Work at a time as to which Owner did not have Notice in accordance herewith, then, upon Owner’s written request, given within 7 days of the date on which Owner was advised that such Work would be performed, Contractor shall expose, uncover or otherwise test such Work as Owner may reasonably require. If Owner fails to witness or inspect Work which it had requested the opportunity to witness or inspect, Contractor shall be entitled to proceed with such Work and Owner shall not be entitled to enforce its rights under this Section 4.5, except upon issuance of a Change Order to Contractor in accordance with Article 10. With respect to any other Work that is covered by ContractorConstruction Manager without written concurrence of Architect, ContractorConstruction Manager shall, if requested by Architect, uncover such Work for observation. Uncovering Work shall be at Construction Manager’s expense unless Construction Manager has given Architect timely notice of Construction Manager’s intention to cover the same and Architect has not acted with reasonable promptness in response to such notice. B. If any Work is covered contrary to the written request of Architect, it must, if requested by Architect, be uncovered for Architect’s observation and replaced at Construction Manager’s expense. C. If Architect considers it necessary or advisable that covered Work be observed by Architect or inspected or tested by others, Construction Manager, at OwnerArchitect’s written request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Owner Architect may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. SAMPLE D. If it is found that the uncovered Work is Defectivedefective, Contractor Construction Manager shall pay all claims, costs, losses, and damages (aincluding 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 a Change Order on account an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, including any cost or delay associated therewith, and (b) prepare Owner may make a Recovery Plan if there is a delay Claim therefor as provided in Paragraph 10.05. E. If the Project Schedule. If, however, such uncovered Work is not Defectivefound to be defective, Owner Construction Manager shall issue Contractor be allowed an increase in the Contract Price or an extension of the Contract 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, Construction Manager may make a Change Order Claim therefor as provided in accordance with Article 10 for the associated impact, as demonstrated by Contractor in a Change Order RequestParagraph 10.05.

Uncovering Work. Without limiting PSGC’s or any Owner’s right to inspect the Work at any time on the Project Facility Site, at each weekly construction meeting at the Project Facility Site, Contractor shall provide to Owner PSGC a copy of Contractor’s 3 three (3) week look-ahead schedule for Work to be performed on the Project Facility Site. Owner PSGC shall promptly advise Contractor in writing of those items of Work on such look-ahead schedule that it specifically wants to witness or inspect. For those items of Work that Owner PSGC advises Contractor that it wants to witness or inspect, Contractor shall keep Owner PSGC reasonably apprised of changes to the time and location of the performance of such events. If Contractor performs any such item of Work at a time as to which Owner PSGC did not have Notice in accordance herewith, then, upon OwnerPSGC’s written request, given within 7 days seven (7) Days of the date on which Owner PSGC was advised that such Work would be performed, Contractor shall expose, uncover or otherwise test such Work as Owner PSGC may reasonably require. If Owner PSGC fails to witness or inspect Work which it had requested the opportunity to witness or inspect, Contractor shall be entitled to proceed with such Work and Owner PSGC shall not be entitled to enforce its rights under this Section 4.5, except upon issuance of a Change Order to Contractor in accordance with Article 10. With respect to any other Work that is covered by Contractor, Contractor, at OwnerPSGC’s written requestrequest prior to the commencement of the Warranty Period, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Owner PSGC may require. If Work that is not required to be inspected or tested is Defective, Contractor shall (a) be paid its Reimbursable Costs associated with the correction of such Defect but shall not be entitled to a Change Order on account thereof, including any cost or delay associated therewith, and (b) prepare a Recovery Plan if there is a delay in the Project Schedule. If, however, such Work is not Defective, Owner PSGC shall issue Contractor a Change Order in accordance with Article 10 for the associated impact, as demonstrated by Contractor in a Change Order Request.