Regl. 7998, art. 11.5 dup5
Condiciones Generales Uniformes para la Contratación de Obras Pública en Puerto Rico. Incluye Analisis de Flexibilidad
Length: 347 wordsOfficial source
Cite as Reglamento Núm. 7998, Art. 11.5 dup5
12.8 Owner's Right to Correct Deficient Work
X
12.8.1. If Contractor fails within a reasonable time after written notice from Owner's Representative to start
correction of deficient Work or to diligently prosecute correction or to remove and replace rejected Work as required
by Engineer in accordance with Article 12.6.1, or if Contractor fails to perform the Work in accordance with the
Contract Documents, or if Contractor fails to substantially comply with any other provision of the Contract
Documents, Owner may, after seven (7) days written notice to Contractor, correct and remedy any such
deficiency.
12.8.2. In exercising the rights and remedies under this paragraph. Owner shall proceed expeditiously.
12.8.2.1. In connection with such corrective and remedial action, Owner may exclude Contractor from all or
part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take
possession of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate
in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which
are stored elsewhere.
12.8.2.2. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other
contractors, and Architect/Engineer and Architect/Engineer's Consultants access to the Site to enable Owner to
exercise the rights and remedies under this paragraph.
12.8.3. All costs incurred or sustained by Owner in exercising the rights and remedies under this Article 12.8 will be
- 78 -
UNIFORM GENERAL CONDITIONS FOR PUBLIC WORKS CONTRACTS
charged to Contractor.
12.8.3.1. If the parties are unable to agree as to the amount of the adjustment, a Claim therefore may be made
as provided in Article 11.5.
12.8.3.1.1. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or
replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's
deficient Work.
12.8.4. Contractor shall not be allowed an extension of the Contract Time (or Milestones) because of any delay in
the performance of the Work attributable to the exercise by Owner of Owner's rights and remedies under this