Common use of Uncovering Work Clause in Contracts

Uncovering Work. If Owner or Architect determines that it is necessary or advisable that covered Work be observed by Owner and/or Architect or inspected or tested by others, Contractor, at Owner’s or Architect's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Owner or Architect may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, Contractor shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of Architects, Architect’s consultants, 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 an appropriate decrease in the Contract Price. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction.

Appears in 14 contracts

Samples: Construction Agreement, Construction Agreement, Design Bid Build Contractor Services

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