SECTION V: PROTECTION OF WORK AND PROPERTY

ARTICLE 16: PROTECTION OF WORK AND OWNER'S PROPERTY

1. What must the Contractor do to protect the Works and the owner's property?

 

In order for the Contractor to protect the Works and the Owner's property, he must:

        take all reasonable measures to protect from damage (i) the Works, (ii) the Owner's property, and (iii) the equipment supplied by the Owner and shall make good any damage or loss thereto,

o   Exception: The Contractor does not need to remunerate the Owner for damage caused by agents or employees of the Owner, or due to force majeure or causes considered  Acts of God;

        provide reliable watchmen to guard the site, provide all doorways with locks and lock such doors at the close of each day's work; provided, however, that if the Owner deems the security service inadequate or incompetent, the Contractor shall increase or change the security personnel;

        prohibit smoking at the site and signs to this effect shall be posted conspicuously;

        prohibit fires built on the site;

o   Exception: Unless the Owner gives his or her express consent

        provide and maintain in good working order an adequate number of fire-fighting equipment and such equipment shall not be used for any other purpose (16.01).

 

The Contractor must box or otherwise provide protection to the trees and other plants in the site. No trees within the site located outside building lines shall be cut or removed without the specific approval from the Owner (16.03). Any damage to the trees, plants, streets or sidewalks that result from fault or negligence of the Contractor shall be repaired by the Contractor at his own expense (16.03).

 

If it should be necessary to interrupt or obstruct the natural flow of rivers or streams, the drainage of the surface, or the flow of artificial drains, the Contractor shall do so in such a way that no damage shall result to either public or private interests. For any natural or artificial drainage which he or she may have obstructed, the Contractor must provide other means of drainage. Otherwise, the Contractor shall be liable for all the damages which may result therefrom (16.04).

 

2.  What should the parties do about old materials?

 

All materials of value as determined through a joint inventory by the Owner and the Contractor found at the work site shall be carefully stored at the place designated by the Owner. The Contractor shall be responsible for their safekeeping until final acceptance of the Work (16.02).

 

ARTICLE 17: PROTECTION OF ADJACENT PROPERTY AND EXISTING UTILITIES

 

1. Does the Contractor also have the responsibility to protect adjacent property and/or existing utilities?

 

Yes, the Contractor also has the responsibility of protecting adjacent property and existing utilities. The Contractor shall adequately protect adjacent property as provided by Law and the Contract. Any neighboring property or building which may be jeopardized must be thoroughly protected against damage during construction at the Contractor's expense (17.01).

 

In addition to this, the Contractor shall be liable for and pay for all damages to adjacent and existing utilities occasioned in any manner by his act or neglect, or by that of his agents, employees, or workmen (17.02).

 

2. How can one ascertain if any damage is caused to adjacent property?

 

Prior to commencement of the Works, the Contractor shall, insofar as is legally and physically possible, survey and ascertain the condition of any existing adjacent properties or buildings and record the results thereof through photographic record or by any other means (17.03). 

 

ARTICLE 18: PROTECTION OF LIFE, WORK, AND PROPERTY DURING AN EMERGENCY

 

1. What are the responsibilities of a Contractor during an emergency?

 

During an emergency endangering life, the Work or the adjoining property, the Contractor shall act, at his discretion, to prevent or minimize the threatened loss or injury even without any instruction or authorization from the Owner (18.01).

 

Emergency work shall be treated as one performed under a Change Order. The exception to this is if the emergency was due to the Contractor's fault or negligence (18.01).