A201, hazardous materials

Building Section Vignette and Multiple Choice

A201, hazardous materials

Postby sowestal » Tue May 06, 2014 3:48 pm

So according to article 10, section 3, I get that it is the contractor's responsibility in the handling of hazardous materials...and in a nutshell, the owner is financially responsible (unless it is an item not part of the cds that the contractor had on site). Also, if the contractor was to discover hazardous materials at the site, s/he is to report to both the owner and architect in writing of the situation. Got that. But the opposite situation is not evident in the documents. Well what happens if it's the architect that discovers the hazardous materials while making a site visit? Notify BOTH owner and contractor? (I think this one covers the bases and makes sure that the important message is understood by all.) Or just notify the owner, since the architect and owner are the ones under a contract with one another? And then the owner notifies the contractor. Thoughts appreciated! Thanks.
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Re: A201, hazardous materials

Postby hnQ_9999 » Tue May 06, 2014 6:33 pm

It's very rare case where Arch did not find harzmat during
design phase, but then later found it before anyone else,
even before the workers.
I guess it's common sense to notify the GC
for the shake of not risking everybody's health at
the site, and report to the Owner. But after that, thing falls back to
A-201 as if the GC discovers harzmat. The moment the
Arch tells/notifies the GC, the notion "finding of harzmat on site"
rests w/ the GC.
Anybody, the Arch, subcontractor or a worker
can spot harzmat and tell the GC, it's not like having your
finger prints attached to dead body or something to worry about.
---------------
((An architect can always ask a GC on the field "hey, don't you
think it's kinda asbestos...over there?", ha ha ha))
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Re: A201, hazardous materials

Postby enisarch » Tue May 06, 2014 9:27 pm

My assumption is that the Arch't should notify the GC because remediation of such materials will absolutely result in a delay => a change in contract time => a change order!
Does that make sense?
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Re: A201, hazardous materials

Postby sowestal » Wed May 07, 2014 8:06 am

Thanks for the helpful input! Yeah, it may fall under the same rules that the architect is not responsible for the safety and construction methods on site according to A201, yet we have a moral obligation to point it out IMO. I'd much rather risk my own neck anyway and avoid a tragedy happening to someone else, regardless of the legal issues (I want people alive and well on site!). Schiff Hardin touches on this subject, but from what I recall, we're not supposed to comment. So what would ncarb want us to do here? Notify verbally instead of written about our observations? These gray area topics can be tricky since it's a matter of perspective for the "right answer." I agree that this scenario is less likely, since GC would be on site a lot more, but you never know. I've caught quite a few things on my site visits in the past (OCD)...
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Re: A201, hazardous materials

Postby Yakety_Yak » Mon Dec 12, 2016 5:03 pm

So what should the architect do once the owner is notified about asbestos or hazardous material in the ground or in the building? I am still not clear on what the A201 says in this situation.
Can an Architect ever shut a job down or stop construction?
Yak~
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Re: A201, hazardous materials

Postby thd7t » Mon Dec 12, 2016 6:39 pm

Yakety_Yak wrote:So what should the architect do once the owner is notified about asbestos or hazardous material in the ground or in the building? I am still not clear on what the A201 says in this situation.
Can an Architect ever shut a job down or stop construction?
Yak~

The architect should recommend options for testing to the owner, but testing and remediation are the responsibility of the owner.

The architect cannot shut a job down or stop construction.
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Re: A201, hazardous materials

Postby hnQ_9999 » Tue Apr 04, 2017 11:29 am

thd7t wrote:
Yakety_Yak wrote:So what should the architect do once the owner is notified about asbestos or hazardous material in the ground or in the building? I am still not clear on what the A201 says in this situation.
Can an Architect ever shut a job down or stop construction?
Yak~

The architect should recommend options for testing to the owner, but testing and remediation are the responsibility of the owner.

The architect cannot shut a job down or stop construction.


I think "should" is a charged word. Architect can only help Owner to make decision
on WHO is the prospective tester (laboratories) BUT not "recommend options"
(which may confusingly understood as entailing testing parameters, etc.)
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Re: A201, hazardous materials

Postby seaccs » Wed Apr 05, 2017 2:29 pm

thd7t wrote:
Yakety_Yak wrote:So what should the architect do once the owner is notified about asbestos or hazardous material in the ground or in the building? I am still not clear on what the A201 says in this situation.
Can an Architect ever shut a job down or stop construction?
Yak~

The architect should recommend options for testing to the owner, but testing and remediation are the responsibility of the owner.

The architect cannot shut a job down or stop construction.


The architect's responsibility in this case is limited to their agreement with the owner. Look at AIA B101. Standard provisions would state that the Architect has no responsibility for hazardous materials. You could be nice and recommend something, but you would have no professional responsibility to recommend anything. Why would you want to open yourself up to that?
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