18.2  Site Matters [Non-HRA Project][and New Build Projects]

18.2.1  The Site Conditions shall be the sole responsibility of the Contractor175 and accordingly (but without prejudice to any other obligation of the Contractor under this Agreement) the Contractor shall be deemed to have:

(a)  carried out a Ground Physical and Geophysical Investigation and to have inspected and examined the [Project Sites/Dwellings/Properties] and their surroundings and (where applicable) any existing structures or works on, over or under the [Project Sites/Dwellings/Properties];

(b)  satisfied itself as to the nature of the Site Conditions, the ground and the subsoil, the form and nature of the [Project Sites/Dwellings/Properties], the loadbearing and other relevant properties of the [Project Sites/Dwellings/Properties], the risk of injury or damage to property affecting the [Project Sites/Dwellings/Properties], the nature of the materials (whether natural or otherwise) to be excavated and the nature of the design, works and materials necessary for the execution of the Works;

(c)  satisfied itself as to the absence of Contamination;

(d)  satisfied itself as to the adequacy of the means and rights of access to and through the [Project Sites/Dwellings/Properties] and any accommodation it may require for the purposes of fulfilling its obligations under this Agreement (such as additional land or buildings outside the [Project Sites/Dwellings/Properties]);

(e)  satisfied itself as to the possibility of interference by persons of any description whatsoever (other than the Authority) with access to or use of, or rights in respect of, the [Project Sites/Dwellings/Properties] with particular regard to the owners of any land adjacent to the [Project Sites/Dwellings/Properties]; and

(f)  satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to third parties.

18.2.2  The Contractor accepts full responsibility for all matters referred to in clause 18.2.1 (Site Matters) and the Contractor shall:

(a)  not be entitled to make any claim against the Authority of any nature whatsoever, without prejudice to clause 51 (Relief Events), on any grounds including the fact that incorrect or insufficient information on any matter relating to the [Project Sites/Dwellings/Properties] was given to it by any person, whether or not an Authority Related Party; and

(b)  be responsible for, and hold the Authority harmless from, cleaning up and otherwise dealing with any Contamination at the [Project Sites/Dwellings/Properties] so that it shall at all times comply with its obligations under this Agreement including complying with, at its own cost, any applicable Legislation and any Consents, orders, notices or directions of any regulatory body (whether made against the Authority or the Contractor).

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175 The approach will be different for HRA and Non HRA Projects.  In relation to HRA projects, the Contractor will generally not take responsibility for the environmental condition of the land on which the Dwellings are situate other than matters which it has brought on to the land.  In Non HRA projects on the other hand, the Contractor will take responsibility for the condition of the land as it will have had the opportunity to undertake full tests, surveys and investigations before acquiring the land.  The position on HRA new build projects will depend upon the extent of Site and Stock Condition Surveys.