If GC stopped work after finding hazardous material without notifing owner , should owner still pay for it?

if GC stopped work and seeking for removing after finding hazardous material without notifing owner , should owner still pay for it? or GC is considered breach the contract first and owner would not need to pay for delay?

Hi @xurubi

I would say that if the GC stops work and does not notify the owner what their reasoning is, then they’re likely in breach of contract. AIA A201 (section 10.3.1) clearly states that the GC must stop work immediately and notify the owner if hazardous materials are found.

Stopping work without notifying the owner is going to result in an unnecessary delay. Had the contractor notified the owner immediately, the owner could immediately begin to try to remedy the situation. If it takes the owner 5 days (for example) to figure out why the GC stopped work, then I would argue that the GC caused an unnecessary delay of 5 days.

2 Likes

thanks!

6300 N. Northwest Highway P.O. Box 31846, Chicago, IL 60631-9998 / All rights reserved © 2020 Black Spectacles.