UNCOVERING OF WORK. 12.1.1 If a portion of the Work is covered contrary to the Architect's or Owner's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect or Owner’s observation and be replaced at the Contractor's expense without change in the contract Time. 12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate Contractor in which event the Owner shall be responsible for payment of such costs.
Appears in 16 contracts
Samples: Construction Management Agreement, Construction Management Agreement, Construction Management Agreement
UNCOVERING OF WORK. 12.1.1 12.1.1. If a portion of the Work is covered contrary to the Architect's or Owner's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the ArchitectOwner, be uncovered for the Architect or Owner’s observation examination and be replaced at the Contractor's expense without change in the contract Contract Time.
12.1.2 12.1.2. If a portion of the Work has been covered which the Architect Owner has not specifically requested to observe examine prior to its being coveredcovered and which the Contract Documents do not prohibit, the Architect Owner may request to see such Work and it shall be uncovered by the Contractor. If such work Work is in substantial accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the at Owner's expense. If such Work is not in substantial accordance with the Contract Documents, the Contractor costs of uncovering and replacement shall pay such costs unless the condition was caused be at Contractor's expense, subject to reimbursement if allowed by the Owner or a separate Contractor in which event the Owner shall be responsible for payment of such costsContract.
Appears in 2 contracts
Samples: Owner Contractor Construction Agreement (Bluerock Residential Growth REIT, Inc.), Owner Contractor Construction Agreement (Bluerock Residential Growth REIT, Inc.)
UNCOVERING OF WORK. 12.1.1 If a portion of the Work is covered contrary to the Architect's or Owner's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect or Owner’s Architect's observation and be replaced at the Contractor's expense without change in the contract Contract Time.
12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such work Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate Contractor contractor in which event the Owner shall be responsible for payment of such costs.
Appears in 2 contracts
Samples: Lease (NightHawk Biosciences, Inc.), Construction Contract (Monarch Casino & Resort Inc)
UNCOVERING OF WORK. 12.1.1 If a portion of the Work is covered contrary to the Architect's or the Owner's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the ArchitectArchitect or the Owner, be uncovered for the Architect Architect's or the Owner’s 's observation and be replaced at the Contractor's expense without change in the contract Contract Time.
12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such work Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate Contractor contractor in which event the Owner shall be responsible for payment of such costs.
Appears in 1 contract
Samples: Construction Contract (National Instruments Corp /De/)
UNCOVERING OF WORK. 12.1.1 If a portion of the Work is covered contrary to the Architect's or Owner's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the ArchitectArchitect or Owner, be uncovered for the Architect or Owner’s observation examination and be replaced at the Contractor's expense without change in the contract Contract Time.
12.1.2 If a portion of the Work has been covered which the Architect or Owner has not specifically requested to observe examine prior to its being covered, the Architect or Owner may request to see such Work and it shall be uncovered by the Contractor. If such work Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to at the Owner's expense. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor shall pay such costs Contractor's expense unless the condition was caused by the Owner or a separate Contractor contractor in which event the Owner shall be responsible for payment of such costs.
Appears in 1 contract
Samples: Standard Form of Agreement Between Owner and Contractor (Corixa Corp)
UNCOVERING OF WORK. 12.1.1 13.1.1 If a any portion of the Work is shall be covered contrary to the Architect's request of the Owner or Owner's request Architect or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Owner or the Architect, be uncovered for the Architect or Owner’s his observation and shall be removed and replaced at the Contractor's expense without change in the contract Timeexpense.
12.1.2 13.1.2 If a any other portion of the Work has been covered which the Owner or Architect has not specifically requested to observe prior to its being covered, the Owner or Architect may request to see such Work and it shall be uncovered by the Contractor. If such work is Work be found in accordance with the Contract Documents, costs the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is should be found not in accordance with the Contract Documents, the Contractor shall pay such costs unless the it be found that this condition was caused by the Owner or a separate Contractor contractor in which event the Owner shall be responsible for the payment of such costs.
Appears in 1 contract
Samples: Owner Contractor Agreement (Wells Real Estate Investment Trust Inc)
UNCOVERING OF WORK. 12.1.1 13.1.1 If a portion of the Project Work is covered contrary to the ArchitectProgram Manager's or OwnerArchitect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architecteither, be uncovered for the Architect or Owner’s their observation and be replaced at the Contractor's expense without change in the contract Contract Time.
12.1.2 13.1.2 If a portion of the Project Work has been covered which the Program Manager or Architect has not specifically requested to observe prior to its being covered, the Program Manager or Architect may request to see such Work work and it shall be uncovered by the Contractor. If such work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate Contractor one of the Other Contractors in which event the Owner shall be responsible for payment of such costs.
Appears in 1 contract
Samples: Guaranteed Maximum Price Construction Agreement (Gaylord Entertainment Co /De)
UNCOVERING OF WORK. 12.1.1 If a portion of the Work is covered contrary to the Architect's or Owner's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect or Owner’s Architect's observation and be replaced at the Contractor's expense without change in the contract Contract Time.
12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such work Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate Contractor contractor in which event the Owner owner shall be responsible for foe payment of such costs.
Appears in 1 contract
Samples: Construction Contract (Digex Inc/De)
UNCOVERING OF WORK. 12.1.1 If a portion of the Work is covered contrary to the Architect's or Owner's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect or Owner’s Architect's observation and be replaced at the Contractor's expense without change in the contract Contract Time.
12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such work Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If if such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate Contractor contractor in which event the Owner shall be responsible for payment of such costs.
Appears in 1 contract
Samples: Construction Contract (Digex Inc/De)
UNCOVERING OF WORK. 12.1.1 If a portion of the Work is covered contrary to the ArchitectDesign Professional's or Owner's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, must be uncovered for the Architect or Design Professional's and Owner’s observation 's examination and be replaced at the Contractor's expense without change in the contract Contract Time.
12.1.2 If a portion of the Work has been covered covered, which the Architect Design Professional has not specifically requested to observe examine prior to its being covered, the Architect Design Professional may request to see such Work and it shall be uncovered by the Contractor. If such work Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change OrderModification in accordance with Article 7, be charged to at the Owner's expense. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor shall pay such costs Contractor's expense unless the condition was caused by the Owner or a separate Contractor contractor in which event the Owner shall be responsible for payment of such costs.
Appears in 1 contract
UNCOVERING OF WORK. 12.1.1 If a portion of the Work is covered contrary to the Architect's or Owner's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architect, be uncovered for the Architect or Owner’s observation Architect's examination and be replaced at the Contractor's expense without change in the contract Contract Time.
12.1.2 If a portion of the Work has been covered which the Architect has not specifically requested to observe examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such work Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to at the Owner's expense. If such Work is not in accordance with the Contract Documents, correction shall be at the Contractor shall pay such costs Contractor's expense unless the condition was caused by the Owner or a separate Contractor contractor in which event the Owner shall be responsible for payment of such costs.
Appears in 1 contract
Samples: Lease Agreement (Immunicon Corp)
UNCOVERING OF WORK. 12.1.1 If a portion of the Work is covered contrary to the ArchitectConstruction Manager's or OwnerArchitect's request or to requirements specifically expressed in the Contract Documents, it must, if required in writing by the Architecteither, be uncovered for the Architect or Owner’s their observation and be replaced at the Contractor's expense without change in the contract Contract Time.
12.1.2 If a portion of the Work has been covered which the Construction Manager or Architect has not specifically requested to observe prior to its being covered, the Construction Manager or Architect may request to see such Work and it shall be uncovered by the Contractor. If such work Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in accordance with the Contract Documents, the Contractor shall pay such costs unless the condition was caused by the Owner or a separate Contractor one of the other Contractors in which event the Owner shall be responsible for payment of such costs.
Appears in 1 contract
Samples: Standard Form of Agreement (Windsor Woodmont Black Hawk Resort Corp)
UNCOVERING OF WORK. 12.1.1 9.1.1 If a portion of the Work is covered contrary to the Architect's or Owner's ’s request or to requirements specifically expressed in the Contract Documents, it must, that portion of the Work will be uncovered for the Owner’s examination if required in writing by the ArchitectOwner, and will be uncovered for the Architect or Owner’s observation and be replaced restored at the Contractor's Design-Builder’s expense without change in the contract Contract Time.
12.1.2 9.1.2 If a portion of the Work has been covered which the Architect Owner has not specifically requested to observe prior to its it being covered, the Architect Owner may request to see such Work and it shall will be uncovered by the ContractorDesign-Builder. If such work Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, restoration will be charged to at the Owner’s expense. If such Work is not in accordance with the Contract Documents, the Contractor shall Design-Builder will pay such the costs of uncovering, correction and restoration unless the condition was caused by the Owner or a separate Contractor contractor in which event case the Owner shall will be responsible for payment of such costs.
Appears in 1 contract
Samples: Design Build Contract