Common use of UNSAFE MATERIALS Clause in Contracts

UNSAFE MATERIALS. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered but not created on the site by the Construction Manager, the Construction Manager shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. The Owner shall be responsible for obtaining the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Construction Manager and, in the event such material or substance is found to be present, to verify that it has been rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Construction Manager and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Construction Manager and Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Construction Manager or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Construction Manager and Architect have no reasonable objection.

UNSAFE MATERIALS. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance encountered but not created on the site by the Construction ManagerDesign/Builder, the Construction Manager Design/Builder shall, upon recognizing the condition, immediately stop Work work in the affected area and report the condition to the Owner and Architect in writing. , The Owner shall be responsible for obtaining the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Construction Manager Design/Builder and, in the event such material or substance Substance is found to be present, to verify that it has been rendered harmless. Unless harmless unless otherwise required by the Contract Documents, the . The Owner shall furnish in writing to the Construction Manager and Architect Design/Builder the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Construction Manager and Architect Design/Builder will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Construction Manager or Architect Design/Builder has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Construction Manager and Architect have Design/Builder has no reasonable objection.