Podcast
Questions and Answers
What is the Owner's responsibility before the Contractor begins the Work?
What is the Owner's responsibility before the Contractor begins the Work?
- To determine the presence of toxic or hazardous substances and inform relevant parties. (correct)
- To ensure all hazardous substances are removed prior to the Work.
- To begin the Work without any preparations.
- To ignore existing conditions of the Place of the Work.
What must the Owner do to protect individuals at the Place of the Work?
What must the Owner do to protect individuals at the Place of the Work?
- Restrict all work until the area is deemed safe.
- Ensure exposure to toxic substances exceeds legal limits.
- Allow unrestricted access to all hazardous areas.
- Keep exposure to toxic or hazardous substances below legal time-weighted levels. (correct)
Who is responsible for the disposal of toxic or hazardous substances present before the Contractor starts their work?
Who is responsible for the disposal of toxic or hazardous substances present before the Contractor starts their work?
- The Owner is responsible unless stated otherwise in the Contract. (correct)
- The Contractor is responsible for disposal.
- Responsibilities are shared equally between the Owner and Contractor.
- The Province or Government agency will handle disposal.
What is required of the Owner regarding hazardous substances at the Place of the Work?
What is required of the Owner regarding hazardous substances at the Place of the Work?
In which of the following scenarios can the Owner be held liable?
In which of the following scenarios can the Owner be held liable?
What does 'time weighted levels' refer to?
What does 'time weighted levels' refer to?
What should the Owner do if they find toxic substances at the Place of the Work?
What should the Owner do if they find toxic substances at the Place of the Work?
Which of the following is NOT a responsibility of the Owner concerning hazardous substances?
Which of the following is NOT a responsibility of the Owner concerning hazardous substances?
What must the parties do if a disagreement is not resolved promptly?
What must the parties do if a disagreement is not resolved promptly?
Who is deemed the absolute owner of discoveries like fossils or artifacts at the Place of Work?
Who is deemed the absolute owner of discoveries like fossils or artifacts at the Place of Work?
What action is the Contractor required to take upon discovering items of historical interest?
What action is the Contractor required to take upon discovering items of historical interest?
What should happen if discoveries are found that affect the Contractor's costs or timeline?
What should happen if discoveries are found that affect the Contractor's costs or timeline?
According to the content, who bears the responsibility for construction safety at the Place of Work?
According to the content, who bears the responsibility for construction safety at the Place of Work?
What must the Contractor do in regard to safety precautions and programs?
What must the Contractor do in regard to safety precautions and programs?
Which section provides guidance for changes due to discovered items?
Which section provides guidance for changes due to discovered items?
What must be true for the parties to take steps as per paragraph 9.2.7 or 9.2.8?
What must be true for the parties to take steps as per paragraph 9.2.7 or 9.2.8?
What is the Contractor entitled to receive from the insurance payments?
What is the Contractor entitled to receive from the insurance payments?
What should the Contractor do if they encounter unknown toxic or hazardous substances at the Place of the Work?
What should the Contractor do if they encounter unknown toxic or hazardous substances at the Place of the Work?
What action must the Contractor take prior to commencing the Work concerning insurance?
What action must the Contractor take prior to commencing the Work concerning insurance?
How should deductible amounts be handled according to the content?
How should deductible amounts be handled according to the content?
Who is responsible for paying for an independent expert if there is a disagreement about the presence of hazardous substances?
Who is responsible for paying for an independent expert if there is a disagreement about the presence of hazardous substances?
What should the Contractor do if they fail to provide required insurance?
What should the Contractor do if they fail to provide required insurance?
What must happen if the Contractor is found not responsible for the hazardous substances by agreement or expert determination?
What must happen if the Contractor is found not responsible for the hazardous substances by agreement or expert determination?
What is the duration for which Contractors' Equipment Insurance must be maintained?
What is the duration for which Contractors' Equipment Insurance must be maintained?
What action must the Contractor take if found responsible for the hazardous substances?
What action must the Contractor take if found responsible for the hazardous substances?
What should be done if either party disagrees with the expert's findings on toxic substances?
What should be done if either party disagrees with the expert's findings on toxic substances?
Which of the following is NOT a requirement for the Contractor if they encounter hazardous substances they are responsible for?
Which of the following is NOT a requirement for the Contractor if they encounter hazardous substances they are responsible for?
What must the Contractor do if they have reasonable grounds to believe that hazardous substances are present?
What must the Contractor do if they have reasonable grounds to believe that hazardous substances are present?
What is one consequence for the Contractor if they are found responsible for the presence of hazardous substances?
What is one consequence for the Contractor if they are found responsible for the presence of hazardous substances?
If toxic substances were disclosed but not addressed, what is the Contractor's responsibility?
If toxic substances were disclosed but not addressed, what is the Contractor's responsibility?
In which situation is the Contractor required to indemnify the Owner?
In which situation is the Contractor required to indemnify the Owner?
For how long is liability coverage for completed operations hazards provided following Substantial Performance of the Work?
For how long is liability coverage for completed operations hazards provided following Substantial Performance of the Work?
When does Automobile Liability Insurance need to be in effect?
When does Automobile Liability Insurance need to be in effect?
What insurance must be provided jointly among the Contractor, Owner, and Consultant?
What insurance must be provided jointly among the Contractor, Owner, and Consultant?
Under what condition does the Broad form property insurance cease to exist?
Under what condition does the Broad form property insurance cease to exist?
What triggers the end of Broad form property insurance related to occupancy?
What triggers the end of Broad form property insurance related to occupancy?
What is the effect on Broad form property insurance when the project is left unattended?
What is the effect on Broad form property insurance when the project is left unattended?
Which insurance is required for aircraft or watercraft used indirectly in the performance of work?
Which insurance is required for aircraft or watercraft used indirectly in the performance of work?
Boiler and machinery insurance must include which parties as insureds?
Boiler and machinery insurance must include which parties as insureds?
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Study Notes
Toxic and Hazardous Substances
- The owner is responsible for knowing what toxic or hazardous substances are present at the worksite before construction begins.
- The owner must provide the contractor and consultant with a written list of known toxic and hazardous substances.
- The owner is responsible for ensuring that the exposure of people to toxic and hazardous substances does not exceed the time-weighted levels prescribed by law.
- The owner is also responsible for disposing of, storing, or rendering harmless any toxic or hazardous substances that were present at the worksite before the contractor arrived.
- If the contractor discovers toxic or hazardous substances that were not disclosed, or were disclosed but not dealt with as required, the contractor must stop the work and report it to the owner and consultant.
- If there is disagreement about the presence or origin of toxic or hazardous substances, an independent expert must investigate and provide a report to the owner and contractor.
- If the toxic or hazardous substances were not brought onto the site by the contractor, the owner is responsible for taking care of them and reimbursing the contractor for any resulting costs.
- If the toxic or hazardous substances were brought onto the site by the contractor, the contractor is responsible for removing and disposing of them, making good any damage, and reimbursing the owner.
Artifacts and Fossils
- Anything of scientific or historic interest found at the worksite is considered the property of the owner.
- The contractor must take precautions to protect these discoveries and inform the consultant of their presence.
- The consultant will investigate the impact of these discoveries on the work and make recommendations.
Construction Safety
- The contractor is responsible for construction safety at the worksite, responsible for implementing safety precautions, and following applicable safety regulations.
Insurance
- The contractor must provide the owner with confirmation of insurance coverage, including liability insurance for completed operations, automobile liability, aircraft or watercraft liability, and property insurance.
- The contractor is also required to maintain contractors' equipment insurance.
- The owner and contractor share the cost of deductibles in proportion to their responsibility for any loss.
- If the contractor fails to provide or maintain insurance, the owner may have the right to procure and maintain insurance.
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