Common use of Site Suitability Clause in Contracts

Site Suitability. 3.1 The Owner warrants to the Contractor that the Land is suitable for the siting and construction of a Pool and that the Owner is entitled to construct the Pool on the Land. The Owner indemnifies the Contractor against all claims, actions, proceedings, demands, costs and expenses which may be made or brought by any person for any reason whatsoever. This shall include any person claiming to be the rightful owner of the property and/or which may be brought by any person in respect of any alleged encroachment of the Pool or Pool accessories upon any adjoining property. 3.2 The Contractor shall not be liable for: 3.2.1 any damage to the Work caused by subsidence of the site or mishap or subsidence on adjoining Land. 3.2.2 any damage to the Land, to the Work or to any improvements on the Land caused by the construction of the Work by the Contractor unless such damage has been caused by a negligent act or omission on the part of the Contractor or its subcontractors or agents. 3.2.3 any damage or any additional costs of the Work resulting from the absence of information which results in foundation defects or difficulties in the construction of the Work which were not discoverable by the Contractor on a reasonable inspection of the site. 3.2.4 any damage or deterioration to the Work or any part of the Work or the Land caused by or resulting from inadequacy of earth fill or negligent earth fill unless such damage or deterioration is due to a negligent act or omission to carry out specific work by the Contractor or its subcontractors or agents. 3.2.5 any additional costs or delays occasioned as a result of any underground conditions, rock or other hazards discovered during the course of construction and not discoverable by the Contractor on a reasonable inspection of the site prior to determination of the Contract Price and commencement of the Work. The Owner shall be liable for the costs of any engineering reports, additional excavation, rock blasting or other work required and any alteration to the Plans and Specifications caused as a result of the discovery of any such hazard. Such additional costs will be an extra and variation to the Contract Price and shall be dealt under clause 6. 3.3 The Owner indemnifies the Contractor against all additional costs and expenses incurred for engineering reports, other professional services or claims against the Contractor by any person whatsoever for damage or expenses incurred by reason of any of the hazards referred to clause 3.2. 3.4 In the event of any of the hazards referred to in clause 3.2 above being encountered during construction of the Work the Contractor will cease work and provide the Owner with an estimate of the resulting extra costs and expenses. The Owner may either accept liability by notice in writing to the Contractor, for that extra cost and proceed with the Work or terminate this contract.