Delays Related to Hazardous Substances. Construction Manager `is responsible for compliance with all requirements included in the Contract Documents regarding Hazardous Substances. If Construction Manager encounters on the Project Site a Hazardous Substance(s), as set forth in to Section 11.3, Construction Manager shall (a) immediately stop Work in the area affected; (b) take all reasonable precautions to prevent foreseeable bodily injury or death to persons; and (c) notify Owner and Professional, both orally and in writing, of the presence and location of any physical evidence of, or information regarding, such Hazardous Substance(s) on the Project Site. If the Work is so stopped and a Hazardous Substance is found, the Work in the affected area shall not thereafter be resumed until the Site is fully remediated and approved by Owner. A Change Order shall be issued, which shall include an adjustment to the Contract Time and compensation for any out of pocket costs incurred by Construction Manager as a result of the stoppage. If no Hazardous Substance is found after the Work is stopped, no Change Order will be issued. Further, if the Hazardous Substance was introduced to the Project Site or caused by Construction Manager or any of its Personnel, subcontractors, or material suppliers, no Change Order will be issued for an adjustment in the Contract Time, and Construction Manager shall indemnify Owner and hold Owner harmless for any costs incurred by Owner with respect to such Hazardous Substance.
Appears in 2 contracts
Samples: Construction Management Agreement, Construction Management Agreement
Delays Related to Hazardous Substances. Construction Manager `Contractor is responsible for compliance with all requirements included in the Contract Documents regarding Hazardous Substances. If Construction Manager Contractor encounters on the Project Site a Hazardous Substance(s), as set forth in to Section 11.312.3, Construction Manager Contractor shall (a) immediately stop Work in the area affected; (b) take all reasonable precautions to prevent foreseeable bodily injury or death to persons; and (c) notify Owner and Professional, both orally and in writing, of the presence and location of any physical evidence of, or information regarding, such Hazardous Substance(s) on the Project Site. If the Work is so stopped and a Hazardous Substance is found, the Work in the affected area shall not thereafter be resumed until the Site is fully remediated and approved by Owner. A Change Order shall be issued, which shall include an adjustment to the Contract Time and compensation for any out of pocket costs incurred by Construction Manager Contractor as a result of the stoppage. If no Hazardous Substance is found after the Work is stopped, no Change Order will be issued. Further, if the Hazardous Substance was introduced to the Project Site or caused by Construction Manager Contractor or any of its Personnel, subcontractors, or material suppliers, no Change Order will be issued for an adjustment in the Contract Time, and Construction Manager Contractor shall indemnify Owner and hold Owner harmless for any costs incurred by Owner with respect to such Hazardous Substance.
Appears in 2 contracts
Samples: General Contractor Services Agreement, General Contractor Services Agreement
Delays Related to Hazardous Substances. Construction Manager `is responsible for compliance with all requirements included in the Contract Documents regarding Hazardous Substances. If Construction Manager encounters on the Project Site a Hazardous Substance(s), as set forth in to Section 11.3, Construction Manager shall shall
(a) immediately stop Work in the area affected; (b) take all reasonable precautions to prevent foreseeable bodily injury or death to persons; and (c) notify Owner and ProfessionalProfessional(s), both orally and in writing, of the presence and location of any physical evidence of, or information regarding, such Hazardous Substance(s) on the Project Site. If the Work is so stopped and a Hazardous Substance is found, the Work in the affected area shall not thereafter be resumed until the Site is fully remediated and approved by Owner. A Change Order shall be issued, which shall include an adjustment to the Contract Time and compensation for any out of pocket costs incurred by Construction Manager as a result of the stoppage. If no Hazardous Substance is found after the Work is stopped, no Change Order will be issued. Further, if the Hazardous Substance was introduced to the Project Site or caused by Construction Manager or any of its Personnel, subcontractors, or material suppliers, no Change Order will be issued for an adjustment in the Contract Time, and Construction Manager shall indemnify Owner and hold Owner harmless for any costs incurred by Owner with respect to such Hazardous Substance.
Appears in 2 contracts
Samples: Construction Management Agreement, Construction Management Agreement
Delays Related to Hazardous Substances. Construction Manager `Contractor is responsible for compliance with all requirements included in the Contract Documents regarding Hazardous Substances. If Construction Manager Contractor encounters on the Project Site site any materials reasonably believed by Contractor to be Hazardous Substances not specifically identified prior to commencement of construction and not subject to a plan already in place of dealing with such Hazardous Substance(s)Substances in compliance with Applicable Laws, as set forth in to Section 11.3, Construction Manager shall (a) immediately stop Work in the area affected; (b) take all and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons; and persons resulting from such Hazardous Substances, Contractor immediately shall (ca) stop Work in the area affected, (b) notify Owner and ProfessionalOwner, both orally and in writing, of the presence and location of any physical evidence of, or information regarding, any such Hazardous Substance(sSubstances and (c) on Contractor shall secure the Project Sitesite to prevent access by unauthorized personnel as directed by Owner. If the Work is so stopped and a Hazardous Substance is found, the Work in the affected area shall not thereafter be resumed until the Site is fully remediated and approved except by OwnerChange Order. A Any such Change Order shall be issued, which shall include an adjustment to the Contract Time and compensation for any out of pocket costs incurred by Construction Manager as a result of the stoppageappropriate. If no Hazardous Substance is found after the Work is stopped, no Change Order will be issuedis required to resume the Work in the affected area. Further, if the Hazardous Substance was introduced to the Project Site generated or caused by Construction Manager or Contractor, any of its Personnel, subcontractorsSubcontractors, or material suppliersany Personnel, no Change Order will be issued required for an adjustment in the Contract Time, Time and Construction Manager Contractor shall indemnify Owner and hold Owner Indemnitees harmless for any costs incurred by Owner with respect to from and against all Adverse Consequences arising out of such Hazardous Substance.Substance.β
Appears in 1 contract
Samples: Construction Agreement
Delays Related to Hazardous Substances. Construction Manager `is responsible for compliance with all requirements included in the Contract Documents regarding Hazardous Substances. If Construction Manager encounters on the Project Site a Hazardous Substance(s), as set forth in to Section 11.3, Construction Manager shall shall
(a) immediately stop Work in the area affected; (b) take all reasonable precautions to prevent foreseeable bodily injury or death to persons; and (c) notify Owner and Professional, both orally and in writing, of the presence and location of any physical evidence of, or information regarding, such Hazardous Substance(s) on the Project Site. If the Work is so stopped and a Hazardous Substance is found, the Work in the affected area shall not thereafter be resumed until the Site is fully remediated and approved by Owner. A Change Order shall be issued, which shall include an adjustment to the Contract Time and compensation for any out of pocket costs incurred by Construction Manager as a result of the stoppage. If no Hazardous Substance is found after the Work is stopped, no Change Order will be issued. Further, if the Hazardous Substance was introduced to the Project Site or caused by Construction Manager or any of its Personnel, subcontractors, or material suppliers, no Change Order will be issued for an adjustment in the Contract Time, and Construction Manager shall indemnify Owner and hold Owner harmless for any costs incurred by Owner with respect to such Hazardous Substance.
Appears in 1 contract
Samples: Construction Management Agreement
Delays Related to Hazardous Substances. Construction Manager `is responsible for compliance with all requirements included in the Contract Documents regarding Hazardous Substances. If Construction Manager encounters on the Project Site a Hazardous Substance(s), as set forth in to Section 11.3, Construction Manager shall (a) immediately stop Work in the area affected; (b) take all reasonable precautions to prevent foreseeable bodily injury or death to persons; and (c) notify Owner and Professional, both orally and in writing, of the presence and location of any physical evidence of, or information regarding, such Hazardous Substance(s) on the Project Site. If the Work is so stopped and a Hazardous Substance is found, the Work in the affected area shall not thereafter be resumed until the Site is fully remediated and approved by Owner. A Change Order shall be issued, which shall include an adjustment to the Contract Time and compensation for any out of pocket costs incurred by Construction Manager as a result of the stoppage. If no Hazardous Substance is found after the Work is stopped, no Change Order will be issued. Further, if the Hazardous Substance was introduced to the Project Site or caused by Construction Manager or any of its Personnel, subcontractors, or material suppliers, no Change Order will be issued for an adjustment in the Contract Time, and Construction Manager shall indemnify Owner and hold Owner harmless for any costs incurred by Owner with respect to such Hazardous Substance.
Appears in 1 contract
Samples: Construction Management Agreement
Delays Related to Hazardous Substances. Construction Manager `is responsible for compliance with all requirements included in the Contract Documents regarding Hazardous Substances. If Construction Manager encounters on the Project Site a any Hazardous Substance(s), as set forth in to Section 11.3, Construction Manager immediately shall (a) immediately stop Work in the area affected; (b) take all reasonable precautions to prevent foreseeable bodily injury or death to persons; and (c) notify Owner and ProfessionalProfessional(s), both orally and in writing, of the presence and location of any physical evidence of, or information regarding, such Hazardous Substance(s) on the Project Site. If the Work is so stopped and a Hazardous Substance is found, the Work in the affected area shall not thereafter be resumed until the Site is fully remediated and approved by Owner. A Change Order shall be issued, which shall include an adjustment to the Contract Time and compensation for any out of pocket costs incurred by Construction Manager as a result of the stoppage. If no Hazardous Substance is found after the Work is stopped, no Change Order will be issued. Further, if the Hazardous Substance was introduced to the Project Site or caused by Construction Manager or any of its Personnelemployees, agents, subcontractors, or material suppliers, no Change Order will be issued for an adjustment in the Contract Time, Time and Construction Manager shall indemnify Owner and hold Owner harmless for any costs incurred by Owner with respect to such Hazardous Substance.
Appears in 1 contract