REGULATED MATERIALS WORK Clause Samples
The "Regulated Materials Work" clause defines the responsibilities and procedures related to handling, using, or disposing of materials that are subject to government regulation, such as hazardous substances or controlled chemicals, during the course of a project. It typically outlines which party is responsible for compliance with applicable laws, obtaining necessary permits, and ensuring safe practices when dealing with these materials. This clause is essential for allocating risk and ensuring that all parties understand their obligations to prevent legal violations and environmental harm.
REGULATED MATERIALS WORK. The existing facilities involved in this Project may contain regulated materials. Owner shall determine if regulated materials exist in or adjacent to the Project area. If the Consultant suspects that regulated materials may exist in or adjacent to the Project area, Consultant shall inform the Owner of this possibility. The Owner shall investigate and test these materials to determine the extent and nature of the regulated materials, and decide on appropriate procedures to ▇▇▇▇▇ the regulated materials or protect it during construction. If necessary, the Owner shall separately contract with a regulated materials consultant for this purpose. If regulated materials abatement is required, it may, at the Owner’s sole option, be dealt with either as a separate construction contract or as a part of the general construction contract for the Project. If the Owner chooses to include the regulated materials abatement as part of the general construction contract for the project, or if measures are required to protect the regulated materials during construction, the drawings and specifications related to the regulated materials work shall be prepared by the Owner (or by a regulated consultant separately hired by the Owner for this purpose), and provided to the Consultant by the Owner for inclusion in the set of Contract Documents prepared by the Consultant. All drawings and specifications for regulated materials shall clearly state that they were not prepared by the Consultant, and the Consultant shall not be responsible for their content nor the regulated materials work. Any questions that arise related to regulated materials shall be referred to the Owner for resolution, and the Consultant shall not be required to do any work nor render any opinions related to regulated materials. However, the Consultant shall coordinate to assure consistency between the work and schedule of the Consultant and the regulated materials work.