Toxic and Hazardous Substances in Construction
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Questions and Answers

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?

  • 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?

  • 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?

    <p>To ensure the Consultant and Contractor receive a list of known substances and their locations.</p> Signup and view all the answers

    In which of the following scenarios can the Owner be held liable?

    <p>If hazardous substances cause damage after the Contractor begins work.</p> Signup and view all the answers

    What does 'time weighted levels' refer to?

    <p>The average concentration of a substance over a specified time.</p> Signup and view all the answers

    What should the Owner do if they find toxic substances at the Place of the Work?

    <p>Take appropriate steps in accordance with legislation to manage and mitigate the risks.</p> Signup and view all the answers

    Which of the following is NOT a responsibility of the Owner concerning hazardous substances?

    <p>Removing all hazardous materials before any contractor involvement.</p> Signup and view all the answers

    What must the parties do if a disagreement is not resolved promptly?

    <p>Act according to the expert's determination</p> Signup and view all the answers

    Who is deemed the absolute owner of discoveries like fossils or artifacts at the Place of Work?

    <p>The Owner</p> Signup and view all the answers

    What action is the Contractor required to take upon discovering items of historical interest?

    <p>Advise the Consultant of the discovery</p> Signup and view all the answers

    What should happen if discoveries are found that affect the Contractor's costs or timeline?

    <p>The Consultant will issue instructions for a change as per GC 6.2</p> Signup and view all the answers

    According to the content, who bears the responsibility for construction safety at the Place of Work?

    <p>The Contractor</p> Signup and view all the answers

    What must the Contractor do in regard to safety precautions and programs?

    <p>Maintain and supervise all safety measures</p> Signup and view all the answers

    Which section provides guidance for changes due to discovered items?

    <p>GC 6.2</p> Signup and view all the answers

    What must be true for the parties to take steps as per paragraph 9.2.7 or 9.2.8?

    <p>The expert's determination must be agreed upon</p> Signup and view all the answers

    What is the Contractor entitled to receive from the insurance payments?

    <p>Amount for the Contractor's interest in the restoration of the Work</p> Signup and view all the answers

    What should the Contractor do if they encounter unknown toxic or hazardous substances at the Place of the Work?

    <p>Immediately stop the work and report the situation in writing.</p> Signup and view all the answers

    What action must the Contractor take prior to commencing the Work concerning insurance?

    <p>Provide the Owner with confirmation of coverage</p> Signup and view all the answers

    How should deductible amounts be handled according to the content?

    <p>Paid in proportion to their respective responsibilities for any loss</p> Signup and view all the answers

    Who is responsible for paying for an independent expert if there is a disagreement about the presence of hazardous substances?

    <p>The Owner</p> Signup and view all the answers

    What should the Contractor do if they fail to provide required insurance?

    <p>Allow the Owner to provide and maintain the necessary insurance</p> Signup and view all the answers

    What must happen if the Contractor is found not responsible for the hazardous substances by agreement or expert determination?

    <p>The Owner must indemnify the Contractor.</p> Signup and view all the answers

    What is the duration for which Contractors' Equipment Insurance must be maintained?

    <p>From the date of commencement of the Work to one year after Substantial Performance</p> Signup and view all the answers

    What action must the Contractor take if found responsible for the hazardous substances?

    <p>Remove and dispose of the hazardous substances at their own expense.</p> Signup and view all the answers

    What should be done if either party disagrees with the expert's findings on toxic substances?

    <p>The disagreement is settled in accordance with the dispute resolution process.</p> Signup and view all the answers

    Which of the following is NOT a requirement for the Contractor if they encounter hazardous substances they are responsible for?

    <p>Immediately stop all work related to the project.</p> Signup and view all the answers

    What must the Contractor do if they have reasonable grounds to believe that hazardous substances are present?

    <p>Take immediate action to protect exposure levels and report it.</p> Signup and view all the answers

    What is one consequence for the Contractor if they are found responsible for the presence of hazardous substances?

    <p>They are responsible for all incurred costs due to the hazardous materials.</p> Signup and view all the answers

    If toxic substances were disclosed but not addressed, what is the Contractor's responsibility?

    <p>The Contractor must ensure compliance and report.</p> Signup and view all the answers

    In which situation is the Contractor required to indemnify the Owner?

    <p>If the Contractor is responsible for the hazardous substances.</p> Signup and view all the answers

    For how long is liability coverage for completed operations hazards provided following Substantial Performance of the Work?

    <p>6 years</p> Signup and view all the answers

    When does Automobile Liability Insurance need to be in effect?

    <p>From the commencement of the Work until one year after Substantial Performance</p> Signup and view all the answers

    What insurance must be provided jointly among the Contractor, Owner, and Consultant?

    <p>Broad form property insurance</p> Signup and view all the answers

    Under what condition does the Broad form property insurance cease to exist?

    <p>After 10 calendar days post Substantial Performance of the Work</p> Signup and view all the answers

    What triggers the end of Broad form property insurance related to occupancy?

    <p>Any use or occupancy of the Work</p> Signup and view all the answers

    What is the effect on Broad form property insurance when the project is left unattended?

    <p>It ceases when left unattended for more than 30 consecutive days</p> Signup and view all the answers

    Which insurance is required for aircraft or watercraft used indirectly in the performance of work?

    <p>Aircraft or Watercraft Liability Insurance</p> Signup and view all the answers

    Boiler and machinery insurance must include which parties as insureds?

    <p>Contractor, Owner, Consultant, and all Subcontractors</p> Signup and view all the answers

    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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    Description

    This quiz covers the responsibilities of owners regarding toxic and hazardous substances on construction sites. It addresses the requirements for disclosure, exposure limits, and the protocols to follow if undisclosed substances are discovered. Test your knowledge about the legal and safety obligations that ensure a safe construction environment.

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