Project Manual 11-210C - Ramapo College of New Jersey

11.1 Uncovering of Work
ARTICLE 11
UNCOVERING AND CONSTRUCTION OF WORK
11.1.1 If any portion of the Work is covered prior to inspection conducted by the Contracting Officer, the
Architect/Engineer, or the Construction Manager, especially work specifically required by the Contract Documents to be
inspected, it shall be uncovered for observation. Uncovering and replacement of covering shall be at the installation
Contractor's expense. The Contractor is obligated to advise the Contracting Officer or the Construction Manager of all
work scheduled to be covered which is reasonably subject to prior inspection before actual covering.
11.1.2 If any other portion of the Work (not specifically required to be inspected) has been covered, which
the Contracting Officer, the Architect/Engineer, or the Construction Manager did not make a request to observe prior to
being covered, a request may subsequently be made to inspect such Work, and it shall be uncovered by the installation
Contractor. If such Work is found to be in accordance with the Contract Documents, the cost of uncovering and
replacement shall, by appropriate change order, be reimbursed by the College. If the work is found not to be in
accordance with the Contract Documents, the Contractor shall pay all associated costs, unless it is found that this
condition was caused by the College, in which event the Contracting Officer shall be responsible for the payment of such
costs.
11.2 Correction of Work
11.2.1 The Contractor shall promptly correct all Work rejected by the Contracting Officer, the
Architect/Engineer, or the Construction Manager as defective or as failing to conform to the Contract Documents,
whether observed before or after Final Acceptance and whether or not fabricated, installed or completed. The
Contractor shall bear all costs of correcting such rejected Work, including the Architect/Engineer's additional services, if
any.
11.2.2 The Contractor shall remove from the Site all portions of the Work which are defective or
nonconforming and which have not been corrected unless removal is waived by the Contracting Officer.
11.2.3 If the Contractor fails to correct defective or non-conforming Work in a timely manner, the
Contracting Officer may make arrangements for such correction by others and charge the cost of so doing to the
responsible Contractor and/or its Sureties.
11.2.4 If the Contractor does not proceed with the correction of such defective or nonconforming work
within a reasonable time, fixed by written notice from the Contracting Officer, the Architect/Engineer, or the
Construction Manager, the Contracting Officer may remove it and may store the materials or equipment at the expense
of the Contractor. If the Contractor does not pay for the cost of such removal and storage within ten (10) days thereafter,
the Contracting Officer may upon ten (10) days additional written notice sell such material and equipment at auction or
at private sale and shall account for the net proceeds thereof, after deducting all of the costs which are the responsibility
of the Contractor, including compensation for the Architect/Engineer's additional services, if any. If such proceeds of
sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and
an appropriate credit Change Order shall be issued. If the payments then or thereafter due the Contractor are not
sufficient to cover such amount, the Contractor and/or its Surety shall pay the difference to the College.
11.2.5 The Contractor shall also be responsible for the cost of making good all Work destroyed or damaged
by such correction or removal.
11.2.6 Nothing contained herein shall be construed to establish a period of limitation with respect to any
other obligation which the Contractor might have under the Contract Documents.
RCNJ Project No.: 09-270.1C - 47 -