This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Condition at Expiration of Guarantee. - In addition to the proper maintenance of the pavement during the period of guarantee the Contractor shall, at his own expense, just before the expiration of the guarantee period, make such repairs as may be necessary to produce a pavement which shall: a - Have a contour free from depressions of any kind exceeding % of an inch in depth as measured between any two points four feet apart on a line conforming substantially to the original contour of the street.
b - Be free from cracks showing disintegration of the surface mixture.
c - Contain no disintegrated surface mixture.
d - Not have been reduced in thickness more than three-eighths of an inch in any part.
e - Have a foundation free from such cracks or defects as will cause disintegration or settling of the pavement or impair its usefulness as a roadway.
Repairing. - Repairs, except as provided for below, shall in all cases be made by cutting out the defective binder and wearing surface down to the concrete and replacing them by new and freshly prepared binder and wearing surface made and laid in strict accordance with these specifications.
Whenever any defects are caused by the failure of the foundation, the pavement, including such foundation, shall be taken up and relaid with freshly prepared material made and laid in strict accordance with these specifications.
In all cases the surface of the finished repair shall be at the grade of the adjoining pavement and in accordance with the contour of the street.
The surface heater method of repairing may be used only in those cases where the repairs are not rendered necessary by: a - Failure of concrete, b - Failure of the binder.
c - Failure caused by the disintegration of the lower portion of the wearing surface.
Whenever the surface heater method is employed, all defective surface shall be removed before replacing it with new material. In all cases the old surface shall be removed to a depth of not less than 1/4 inch and the new surface must, when compressed, be not less than 1/2 inch in thickness. The heat shall be applied in such a manner as not to injure the remaining pavement. All burnt and loose material shall at once be completely removed, and while the remaining portion of the old pavement is still warm, shall be replaced by new and freshly prepared wearing surface made and laid in strict accordance with these specifications.