Deleterious Materials Clause Samples
The Deleterious Materials clause prohibits the use or incorporation of materials that are hazardous, harmful, or otherwise unsuitable in construction or project work. In practice, this clause requires contractors and suppliers to avoid substances like asbestos, lead-based paints, or other materials known to pose health or environmental risks, and may obligate them to remove or replace such materials if discovered. Its core function is to protect the safety of occupants and workers, ensure regulatory compliance, and prevent future liabilities related to hazardous materials in the completed project.
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Deleterious Materials. The Sub-Contractor further warrants that in so far as the terms of the Sub-Contract permit the Sub-Contractor’s choice of materials, it has and shall select materials for use in the Sub-Contract Works in accordance with the guidance contained in the publication “Good Practice in the Selection of Construction Materials” (2011 British Council for Offices) and that it shall see that materials as used in construction of the Sub-Contract Works will be in accordance with such guidance.
Deleterious Materials. You as client shall:
1) Advise us of the requirements/brief and of any subsequent changes required.
2) Give decisions and all necessary instructions, consents or approvals necessary for the performance of the Services.
3) Sign off or approve all stage drawings prior to progression to the next stage.
4) Acknowledge that we shall not be liable for any delays to the services arising from any failure by
5) Appoint and pay any fees to third-party consultants, statutory authorities or contractors.
6) Understand that any delay in payment of fees to us or others can, and is likely to, result in a delay in the flow of information on projects. We reserve the right not to move onto a subsequent stage of a project where fees for previous work stages are outstanding, even where a previous invoice is not yet overdue.
7) Where you engage with us for Contract Administration services, you should not deal with the contractor or contractors directly or interfere with our duties or actions under any form of Building Contract.
8) Hold the contractor or contractors responsible for properly carrying out and completing construction works and for health and safety provisions on the site. It is expected that contractors/builders appointed will be competent members of their profession.
1) We shall retain the copyright in the drawings and documents (including material in electronic format) produced in the performance of the Services.
2) You shall have a licence to copy and use the drawings only for purposes related to this Project providing that all fees and/or other amounts due are paid in full.
3) Drawings shall only be used and valid for their intended purpose, ie. drawings prepared for a Planning Application would only be valid for this purpose and should not be used for construction.
4) Drawings produced for one Client are not transferable for use by another Client or third-party.
5) We shall not be liable for the use by any person of such drawings or other documents for any purpose other than that for which they were provided.
6) We retain a right to use drawings prepared for you for marketing, sales or promotion on an anonymised basis only.
Deleterious Materials. The Contractor shall not use in the performance of any Task any Deleterious Materials.
Deleterious Materials. To the Founders’ knowledge, the buildings or other structures on each Property do not contain in their fabric any high alumina cement, blue asbestos, calcium chloride accelerator, wood wool slabs used as permanent shuttering or other deleterious material.
Deleterious Materials. The Contractor further warrants that it, in so far as the terms of the Building Contract permit the Contractor’s choice of materials, it shall select materials for use in the Works in accordance with the guidance contained in the publication “Good Practice in the Selection of Construction Materials” (2011 British Council for Offices) and that it shall see that materials as used in construction of the Works will be in accordance with such guidance.
Deleterious Materials. The Contractor warrants to the Employer that it shall not specify for use in each Task products or materials which are generally known within the construction industry to be deleterious at the time of specification in the particular circumstances in which they are used or those identified as potentially hazardous.
Deleterious Materials. 2.1 Notwithstanding and without prejudice to the terms and conditions of its Contract, the Contractor confirms to the Beneficiary that (unless otherwise authorised or instructed by or on behalf of the Employer):
2.1.1 the Contractor has not used and/or specified, selected and/or approved and will not use, specify, select and/or approve for use; and
2.1.2 (consistent with the Contractor’s duties under the Contract) the Contractor has exercised and will continue to exercise the duty of care in clause 1.1.3 above to ensure that none of the following shall be used in the Services: any material, substance, building practice or technique which is:
2.1.3 prohibited by the Contract; and/or
2.1.4 not in accordance with British Standards and/or relevant European Standards and/or Codes of Practice; and/or
2.1.5 generally known within the facilities maintenance and construction industries at the time of specification, selection, approval or use (as the case may be) to be deleterious or hazardous to health and safety or to the durability of the Affected Property (defined in the Contract) in the particular circumstances in which such materials, substances, building practices or techniques are used and taking into consideration, as and where applicable, the guidance and comment contained in the British Council for Offices' publication "Good Practice in the Selection of Construction Materials 2011".
Deleterious Materials. The Vendor has provided no warranties concerning the use of non-deleterious materials but in view of the short term nature of the letting and the fact that the service charge is capped we do not consider this a cause of concern.
Deleterious Materials. The Landlord shall not in the construction of the Development use any high Alumina cement, permenant woodwool shuttering, concrete containing Calcium chloride (except concrete containing quantities of calcium chloride Within acceptable tolerance levels in accordance with BS882 and BS8110) Asbestos or asbestos based materials, silicate bricks or tiles, sea dredges or sea Washed aggregates (save where the same comply with BS882 and BS8110) Concrete having a drying shrinkage in excess of 0.045% colliery waste as a Filling material, pot and rib type construction for suspended floors/roofs, Hollow bricks/blocks (exclusive of perforated bricks) and brickwork/blockwork with a soluble sulphate content in excess of 0.5% and any other substances not in accordance with British Standards Institution Standard or Codes of Practice or which have been identified as deleterious in a publication of the British Research Establishment
Deleterious Materials. Debris, soil, silt, sawdust, rubbish, creosote-treated wood, raw cement/concrete or washings thereof, asphalt, paint, solvent, or other coating material, oil or other petroleum products, or any other substances which could be deleterious to aquatic life, wildlife, or riparian habitat shall be prevented from entering waters of the State.