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<br />AIA Document A201 – 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017. All rights
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<br />The American Institute of Architects. This document was produced at 16:07:00 ET on 07/31/2023 under Order No.3104237129 which expires on 08/14/2023, is not
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<br />User Notes: (1345795138)
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<br />§ 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of
<br />hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the
<br />Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due
<br />to the Owner’s fault or negligence.
<br />§ 10.3.6 If the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or
<br />substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the
<br />Contractor for all cost and expense thereby incurred.
<br />§ 10.3.7 Owner’s Environmental Site Assessment:
<br />a. Owner Has Provided Environmental Site Assessment. Owner has supplied to Contractor,
<br />prior to the execution of this Contract, the environmental site assessment for the site
<br />performed on behalf of the Owner.
<br />b. Representation that No Hazardous Substances Should Be Encountered. Owner confirms
<br />that the site assessment indicates that no Hazardous Substances, as defined in Paragraph
<br />10.3.4(f), should be encountered in performing the Work.
<br />c. Acknowledgment of Contractor’s Reliance on Site Assessment. Owner acknowledges that
<br />Contractor, in entering into and performing the Contract, is acting in reliance upon the site
<br />assessment and the Owner’s commitment to remove any Hazardous Substances prior to
<br />issuing the notice to proceed. Owner acknowledges that Contractor is not qualified to
<br />handle Hazardous Substances and have not made preparations to handle any Hazardous
<br />Substances at the site.
<br />d. Working with Hazardous Substances excluded from Contract Scope. Notwithstanding any
<br />language elsewhere in the Contract Documents that may be understood to the contrary,
<br />working in the presence of, handling, moving, removing, or disposing of any Hazardous
<br />Substances is expressly excluded from the scope of the Work.
<br />e. Contractor Not Responsible for Hazardous Substances. Except as set forth in this Article
<br />10, Contractor shall not be responsible in any way for any Hazardous Substances
<br />uncovered or revealed at the site.
<br />f. Definition of Hazardous Substance. "Hazardous Substance" means any pollutant,
<br />contaminant, toxic or hazardous waste, dangerous substance, potentially dangerous
<br />substance, noxious substance, toxic substance, flammable, explosive, radioactive material,
<br />urea formaldehyde, foam insulation, asbestos, PCB, or any other substance, the removal of
<br />which is required, or the manufacture, preparation, production, generation, use,
<br />maintenance, treatment, storage, transfer, handling, or ownership of which is restricted,
<br />prohibited, regulated, or penalized by any and all federal, state, county, or municipal
<br />statutes or laws now or at any time hereafter in effect, including, but not limited to, the
<br />Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§
<br />9601 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. §§ 1801 et seq.), the
<br />Resource Conservation and Recover Act (42 U.S.C. §§ 6901 et seq.), the Federal Water
<br />Pollution Control Act (33 U.S.C. §§ 1251 et seq.), the Clean Air Act (42 U.S.C. §§ 7401 et
<br />seq.), the Toxic Substances Control Act, as amended (15 U.S.C. §§ 2601 et seq.), and the
<br />Occupational Safety and Health Act (29 U.S.C. §§ 651 et seq.), as the laws have been
<br />amended and supplemented.
<br />§ 10.4 Emergencies
<br />In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to
<br />prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on
<br />account of an emergency shall be determined as provided in Article 15 and Article 7.
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