Common use of MOULD Clause in Contracts

MOULD. If the Contractor or Owner observes or reasonably suspects the presence of mould at the Place of the Work, the remediation of which is not expressly part of the Work, .1 the observing party shall promptly report the circumstances to the other party in writing, and .2 the Contractor shall promptly take all reasonable steps, including stopping the Work if necessary, to ensure that no person suffers injury, sickness or death and that no property is damaged as a result of exposure to or the presence of the mould, and .3 if the Owner and Contractor do not agree on the existence, significance or cause of the mould or as to what steps need be taken to deal with it, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert’s report shall be delivered to the Owner and Contractor.

Appears in 2 contracts

Sources: Unit Price Contract, Unit Price Contract

MOULD. If the Contractor Construction Manager or Owner observes or reasonably suspects the presence of mould at the Place of the Work, the remediation of which is not expressly part of the Work, .1 the observing party shall promptly report the circumstances to the other party in writing, and ; .2 the Contractor Construction Manager shall promptly take all reasonable steps, including stopping the Work if necessary, to ensure that no person suffers injury, sickness or death and that no property is damaged as a result of exposure to or the presence of the mould, ; and .3 if the Owner and Contractor Construction Manager do not agree on the existence, significance or cause of the mould or as to what steps need be taken to deal with it, the Owner shall retain and pay for an independent qualified expert to investigate and determine such matters. The expert’s expert’s report shall be delivered to the Owner and ContractorConstruction Manager.

Appears in 1 contract

Sources: Construction Manager Agreement