Obligation to Uncover Finished Work. DB Contractor shall inform TxDOT in writing of any part of the Work which is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor shall remove or uncover such portions of the finished Work as directed by TxDOT. After examination by TxDOT and any other Persons designated by TxDOT, DB Contractor shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at DB Contractor’s cost and DB Contractor shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract Documents and/or Project Management Plan may be ordered uncovered, removed or restored at DB Contractor’s cost and without an adjustment to the Price or any Completion Deadline or any other relief, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.4.3 is in conformance with the requirements of the Contract Documents, then any delay in any Critical Path from uncovering, removing and restoring Work shall be considered a TxDOT- Caused Delay, and DB Contractor shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.
Obligation to Uncover Finished Work. Design-Build Contractor shall inform IFA of any part of the Work which is about to be covered or otherwise hidden from view and offer a full and adequate opportunity to IFA to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, Design-Build Contractor shall remove or uncover such portions of the finished or covered construction Work as directed by IFA. After examination by IFA and any other Persons designated by IFA, Design-Build Contractor shall restore the Work to the standard required by the PPA Documents. If the Work exposed or examined is not in conformance with the requirements of the PPA Documents, then uncovering, removing, and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at Design-Build Contractor’s cost and Design-Build Contractor shall not be entitled to any adjustment to the Contract Price or any time extension or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by IFA or without inspection in accordance with the Technical Provisions, including failure to provide notice of matters subject to Witness and Hold Points, may be ordered uncovered, removed or restored by IFA at Design-Build Contractor’s cost and without an adjustment to the Contract Price or a time extension, or any other relief, even if the Work proves acceptable and in compliance after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section 5.5.2 is in conformance with the requirements of the PPA Documents, then any delay in any Critical Path caused by uncovering, removing and restoring Work shall be considered an IFA-Caused Delay, and Design-Build Contractor shall be entitled to a Change Order for the cost of such efforts and recovery of any delay to any Critical Path occasioned thereby.
Obligation to Uncover Finished Work. At all times before Final Acceptance, the DB Contractor shall remove or uncover such portions of the finished construction Work as directed by the District. After examination by the District, the DB Contractor shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract Documents, then the cost of uncovering, removing and restoring the Work or making good the parts removed and recovery of any delay to the Critical Path occasioned thereby shall be at the DB Contractor's expense. If Work exposed or examined under this Section 7.4.3 is in conformance with the requirements of the Contract Documents, then the cost of uncovering, removing and restoring the Work shall be paid in accordance with Section 15, and any delay in the Critical Path from uncovering, removing and restoring Work shall be the District’s responsibility. Refer to Section 7.6 for provisions regarding payments owing by the DB Contractor to the District, if the District agrees (in its sole discretion) to accept certain Nonconforming Work.
Obligation to Uncover Finished Work. Developer shall inform TxDOT in writing of any part of the Work which is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, Developer shall remove or uncover such portions of the finished Work as directed by XxXXX. After examination by TxDOT and any other Persons designated by TxDOT, Developer shall restore the Work to the standard required by the Contract Documents. If the Work exposed or examined is not in conformance with the requirements of the Contract Documents, then uncovering, removing and restoring the Work and recovery of any delay to any Critical Path occasioned thereby shall be at Developer’s cost and Developer shall not be entitled to any adjustment to the Price or any Completion Deadline or any other relief. Furthermore, any Work done or materials used without adequate notice to and opportunity for prior inspection by TxDOT (if applicable) or without inspection in accordance with Contract Documents and/or Project Management Plan may be ordered uncovered, removed or restored at Developer’s cost and without an adjustment to the Price or any Completion Deadline or any other relief, even if the Work proves acceptable and conforming after uncovering. Except with respect to Work done or materials used as described in the foregoing sentence, if Work exposed or examined under this Section
Obligation to Uncover Finished Work. DB Contractor shall inform TxDOT in writing of any part of the Work which is about to be covered and offer a full and adequate opportunity to TxDOT to inspect and test such part of the Work before it is covered. At all times before Final Acceptance, DB Contractor shall remove or uncover such portions of the finished Work as directed by TxDOT and following such uncovering shall restore the Work to the standard required by the DBC Documents. If DB Contractor fails to give adequate prior notice to TxDOT of the covering of Work or if the uncovered Work is not in conformance with the requirements of the DBC Documents, then such uncovering and restoration shall be at DB Contractor’s cost, and DB Contractor shall not be entitled to any adjustment in the Price or extension of any Completion Deadlines. If DB Contractor properly provides adequate prior notice to TxDOT and any uncovered Work is in conformance with the requirements of the DBC Documents, then any delay in any Critical Path from the uncovering, removing and restoring Work shall be considered a TxDOT-Caused Delay, and DB Contractor shall be entitled to a Change Order for the costs of such efforts and recovery of any delay to any Critical Path occasioned thereby.
Obligation to Uncover Finished Work. If a portion of the Work has been covered contrary to the request of the Department or contrary to the requirements of the Contract Documents, it shall be uncovered at the written request of the Department for its observation and replaced at the Progressive Contractor’s sole cost and expense, and the Progressive Contractor shall not be entitled to any Construction Phase Change Order in connection therewith.
