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For the owner

a. WSDOT Standard Spec Section 1-07.13(1) “The Contractor shall rebuild, repair, restore, and make
good all damages to any portion of the permanent or temporary Work occurring before the Physical
Completion Date and shall bear all the expense to do so, except damage to the permanent Work caused
by: (a) acts of God, such as earthquake, floods, or other cataclysmic phenomenon of nature, or (b) acts
of the public enemy or of governmental authorities; or (c) slides in cases where Section 2-03.3(11) is
applicable; Provided, however, that these exceptions shall not apply should damages result from the
Contractor’s failure to take reasonable precautions or to exercise sound engineering and construction
practices in conducting the Work.”

b. WSDOT Standard Spec Section 5-05.3(22) Repair of Defective Pavement Cracked panels, spalled
panels or panels that otherwise do not meet Contract requirements shall be replaced or repaired as
specified at no expense to the Contracting Agency.

c. WSDOT Standard Spec Section 5-05.3(16) “The Contractor shall protect the pavement and its
appurtenances from any damage.”

For contractor

Research In favor of the contractor:

a. WSDOT Standard Spec Section 8.20.3(3) “Whenever a part of a square, slab, or section of existing
concrete sidewalk, curb, gutter or driveway is broken or damaged, the entire square, slab or section,
curb, gutter, driveway shall be removed and the concrete reconstructed.”

b. WSDOT Standard Spec Section 1-07.13(1) “The Contractor shall rebuild, repair, restore, and make
good all damages to any portion of the permanent or temporary Work occurring before the Physical
Completion Date and shall bear all the expense to do so, except damage to the permanent Work caused
by: (a) acts of God, such as earthquake, floods, or other cataclysmic phenomenon of nature, or (b) acts
of the public enemy or of governmental authorities; or (c) slides in cases where Section 2-03.3(11) is
applicable.”

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