Common use of Obligation to Notify Owner of Existing Hazardous Materials Clause in Contracts

Obligation to Notify Owner of Existing Hazardous Materials. In addition to applicable regulatory and emergency response agencies, the CM/GC shall immediately notify the Owner and the Design Professional, both orally and in writing, of the presence and location of any physical evidence of, or information regarding the presence of Hazardous Materials at the Project Site that were not anticipated or contemplated under the scope of work (i.e. “unanticipated Hazardous Materials”). If the CM/GC encounters unanticipated Hazardous Materials on the Project Site the CM/GC shall (i) immediately stop performance of Work or that portion of the Work affected by or affecting such unanticipated Hazardous Materials; (ii) secure the contaminated area against intrusion; (iii) not disturb or remove the unanticipated Hazardous Materials; (iv) not proceed, or allow any subcontractor or supplier to proceed, with any Work or other activities in the area affected by such unanticipated Hazardous Materials until such materials have been properly remediated and until directed in writing to do so by the Owner; and, (v) take any other steps necessary to protect life and health and the surrounding environment. The CM/GC shall be entitled to adjustment of the Contract Time and the Contract Sum pursuant to the General Requirements in order to compensate for the impact of any required demolition, re-work, shutdown, delay, protection of work, disruption, and start-up resulting from the encountering of such unanticipated Hazardous Materials on the Project site for which the CM/GC is not responsible.