Common use of Uncovering Construction Clause in Contracts

Uncovering Construction. A. If any Construction is covered contrary to the written request of Owner, it must, if requested by Owner, be uncovered for Owner’s observation and recovered at DB Entity’s expense. B. If Owner considers it necessary or advisable that covered Construction be observed by Owner or inspected or tested by others, DB Entity, at Owner’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as Owner may require, that portion of the Construction in question, furnishing all necessary labor, material and equipment. If it is found that such Construction is defective, DB Entity shall pay all costs and damages caused by or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If, however, such Construction is not found to be defective, DB Entity shall be allowed an increase in the Contract Price or an extension of the Contract Time(s) (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, DB Entity may make a claim therefor as provided in Article 9.

Uncovering Construction. A. If any Construction is covered contrary to the written request of Owner, it must, if requested by Owner, be uncovered for Owner’s 's observation and recovered at DB Entity’s 's expense. B. If Owner considers it necessary or advisable that covered Construction be observed by Owner or inspected or tested by others, DB Entity, at Owner’s 's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Owner may require, that portion of the Construction in question, furnishing all necessary labor, material and equipment. If it is found that such Construction is defective, DB Entity shall pay all costs and damages caused by or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If, however, such Construction is not found to be defective, DB Entity shall be allowed an increase in the Contract Price or an extension of the Contract Time(s) (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, DB Entity may make a claim therefor as provided in Article 9.

Uncovering Construction. A. If any Construction is covered contrary to the written request of Owner, it must, if requested by Owner, be uncovered for Owner’s 's observation and recovered at DB Entity’s Contractor's expense. B. If Owner considers it necessary or advisable that covered Construction be observed by Owner or inspected or tested by others, DB EntityContractor, at Owner’s 's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Owner may require, that portion of the Construction in question, furnishing all necessary labor, material and equipment. If it is found that such Construction is defective, DB Entity Contractor shall pay all costs and damages caused by or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution litigation costs, and all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Article 9. If, however, such Construction is not found to be defective, DB Entity Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time(s) 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, DB Entity Contractor may make a claim Claim therefor as provided in Article 9.

Uncovering Construction. A. If any Construction is covered contrary to the written request of Owner, it must, if requested by Owner, be uncovered for Owner’s observation and recovered at DB EntityDesign/Builder’s expense. B. If Owner considers it necessary or advisable that covered Construction be observed by Owner or inspected or tested by others, DB EntityDesign/Builder, at Owner’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as Owner may require, that portion of the Construction in question, furnishing all necessary labor, material and equipment. If it is found that such Construction is defective, DB Entity Design/Builder shall pay all costs and damages caused by or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction, (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, Owner may make a Claim therefore as provided in Article 9. If, however, such Construction is not found to be defective, DB Entity Design/Builder shall be allowed an increase in the Contract Price or an extension of the Contract Time(s) 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, DB Entity Design/Builder may make a claim therefor Claim therefore as provided in Article 9.