Common use of Owner May Require Uncovering of Work Clause in Contracts

Owner May Require Uncovering of Work. The Owner may require any Work to be uncovered, whether or not prior information was provided as to the schedule for covering. Should work so uncovered prove to be in noncompliance with the Contract Documents or the Construction Documents, the cost of uncovering, correction of the Work, recovering, and any schedule recovery costs shall be borne by the Contractor and may be paid from the Construction Contingency. However, if the Contractor complies with the notice requirements above, and the Owner fails to make its desired inspections, and the Owner then requires the Contractor to uncover the Work, the Owner shall bear all additional costs of uncovering and recovering the Work unless the Work is found to be non-compliant with the Construction Documents, in which case the Contractor shall bear all such uncovering and recovering costs, which may be paid from the Construction Contingency. Should the work be compliant, however, the Owner will pay for the uncovering and repair of the affected work, in addition to any delay that affects the critical path of the Project.

Owner May Require Uncovering of Work. The Owner may require any Work to be uncovered, whether or not prior information was provided as to the schedule for covering. Should work so uncovered prove to be in noncompliance with the Contract Documents or the Construction Documents, the cost of uncovering, correction of the Work, recovering, and any schedule recovery costs shall be borne by the Contractor Design-Builder and may be paid from the Construction Contingency. However, if the Contractor Design-Builder complies with the notice requirements above, and the Owner fails to make its desired inspections, and the Owner then requires the Contractor Design-Builder to uncover the Work, the Owner shall bear all additional costs of uncovering and recovering the Work unless the Work is found to be non-compliant with the Construction Documents, in which case the Contractor Design-Builder shall bear all such uncovering and recovering costs, which may be paid from the Construction Contingency. Should the work be compliant, however, the Owner will pay for the uncovering and repair of the affected work, in addition to any delay that affects the critical path of the Project.

Owner May Require Uncovering of Work. The Owner may require any Work to be uncovered, whether or not prior information was provided as to the schedule for covering. Should work so uncovered prove to be in noncompliance with the Contract Documents or the Construction Documents, the cost of uncovering, correction of the Work, recovering, and any schedule recovery costs shall be borne by the Contractor CM/GC and may be paid from the Construction Contingency. However, if the Contractor CM/GC complies with the notice requirements above, and the Owner fails to make its desired inspections, and the Owner then requires the Contractor CM/GC to uncover the Work, the Owner shall bear all additional costs of uncovering and recovering the Work unless the Work is found to be non-compliant with the Construction Documents, in which case the Contractor CM/GC shall bear all such uncovering and recovering costs, which may be paid from the Construction Contingency. Should the work be compliant, however, the Owner will pay for the uncovering and repair of the affected work, in addition to any delay that affects the critical path of the Project.