Subcontractors

control of a Subcontractor or Supplier shall be deemed to be A. OWNER, ENGINEER, ENGINEER's Condelayswithin the control of CONTRACTOR.sultants, other representatives and personnel of OWNER,independent testing laboratories, and governmental agencies12.05 Delays Beyond OWNER's and CONTRACTOR's with jurisdictional interests will have access to the Site andControl the Work at reasonable times for their observation,inspecting, and testing. CONTRACTOR shall provideA. Where CONTRACTOR is prevented from them proper and safe conditions for such access and advisecompleting any part of the Work within the Contract Times them of CONTRACTOR's Site safety procedures and(or Milestones) due to delay beyond the control of both programs so that they may comply therewith as applicable.OWNER and CONTRACTOR, an extension of theContract Times (or Milestones) in an amount equal to the 13.03 Tests and Inspectionstime lost due to such delay shall be CONTRACTOR's soleand exclusive remedy for such delay. A. CONTRACTOR is responsible for the initial andsubsequent inspections of CONTRACTOR's Work to12.06 Delay Damages ensure that the Work conforms with the ContractDocuments. CONTRACTOR shall give ENGINEERA. In no event shall OWNER or ENGINEER be timely notice of readiness of the Work for all requiredliable to CONTRACTOR, any Subcontractor, any Supplier, inspections, tests, or approvals and shall cooperate withor any other person or organization, or to any surety for or inspection and testing personnel to facilitate requiredemployee or agent of any of them, for damages arising out inspections or tests. The CONTRACTOR shall establishof or resulting from:an inspection program and a testing plan acceptable to theENGINEER and shall maintain complete inspection and1. delays caused by or within the control of CONTRAC- testing records available to ENGINEERTOR; orB. OWNER shall employ and pay for the services of2. delays beyond the control of both OWNER and an independent testing laboratory to perform all non-CONTRACTOR including but not limited to fires, floods, CONTRACTOR inspections, tests, or approvals required byepidemics, abnormal weather conditions, freight embargo. the Contract Documents except:acts of war (declared or not declared), acts of God, or actsor neglect by utility owners or other contractors performing 1. for inspections, tests, or approvals covered byother work as contemplated by Article 7: or-paragraphs 13.03.C and 13.03.1 below;3. Acts of Terrorism 2. that costs incurred in connection with tests orinspections conducted pursuant to paragraph 13.04.B shallB. Nothing in this paragraph 12.06 bars a change in be paid as provided in said paragraph 13.04.B; andContract Price pursuant to this Article 12 to compensateCONTRACTOR due to delay, interference, or disruption 3. as otherwise specifically provided in the Contractdirectly attributable to actions or inactions of OWNER or Documents.anyone for whom OWNER is responsible.C. If Laws or Regulations of any public body havingARTICLE 13 - TESTS AND INSPECTIONS jurisdiction require any Work (or part thereof) specificallyCORRECTION, REMOVAL OR ACCEPTANCE OF to be inspected, tested, or approved by an employee or otherDEFECTIVE WORKrepresentative of such public body, CONTRACTOR shallassume fill responsibility for arranging and obtaining such13.01 Notice of Defects inspections, tests, or approvals, pay all costs in connectiontherewith, and furnish ENGINEER the required certificatesA. Prompt notice of all defective Work of which of inspection or approval.OWNER or ENGINEER has actual knowledge will begiven to CONTRACTOR. All defective Work may be D. CONTRACTOR shall be responsible forrejected, corrected, or accepted as provided in this arranging and obtaining and shall pay all costs in connectionArticle 13.with any inspections, tests, or approvals required forOWNER's and ENGINEER's acceptance of materials or13.02 Access to Work equipment to be incorporated in the Work; or acceptance ofmaterials, mix designs, or equipment submitted for approvalprior to CONTRACTOR's purchase thereof forEJCDC No. 1910-8 (1996 Edition) 007200-38w/ JJG Modifications (Rev03/06/08)