|
AIA Document A2 01- - 2017
<br />General Conditions of the Contract for Construction
<br />§ 10.3 Hazardous Materials and Substances
<br />§ 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding
<br />hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the
<br />Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons
<br />resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered
<br />on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected
<br />area and notify the Owner and Architect of the condition.
<br />§ 10.3.2 Upon receipt of the Contractor's notice, the Owner shall obtain the services of a licensed laboratory to verify the
<br />presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is
<br />found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner
<br />shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform
<br />tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe
<br />containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing
<br />stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the
<br />Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to
<br />whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered
<br />harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the
<br />Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's
<br />reasonable additional costs of shutdown, delay, and start-up.
<br />§ 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors,
<br />Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and
<br />expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected
<br />area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not
<br />been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease
<br />or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage,
<br />loss, or expense is due to the fault or negligence of the party seeking indemnity.
<br />§ 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor
<br />brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be
<br />responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the
<br />Contractor's fault or negligence in the use and handling of such materials or substances.
<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 Contractor fails
<br />to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or
<br />negligence.
<br />§ 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost
<br />of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract
<br />Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred.
<br />§ 10.4 Emergencies
<br />In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent
<br />threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an
<br />emergency shall be determined as provided in Article 15 and Article 7.
<br />AIA Document A201" - 2017. Copyright 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 1
<br />and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright
<br />Law and International Treaties, Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result
<br />severein civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was
<br />produced by AIA software at 09:02:25 on 05/10/2017 under Order No. 1996529162 which expires on 03/09/2018, and is not for resale.
<br />User Notes: (339ADA17)
<br />
|