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I adjacent sites. Recognize, too,that even some conditions in tested Give Contractors Armss to the Report areas may go undiscovered, because the tests or analytical methods Reduce the risk of delays,claims, and disputes by giving contractors i used were designed to detect only those conditions assumed to exist. access to the full report,providing that it is accompanied by letter of transmittal that can protect you by making it unquestionably clear Manage your risks by retaining your geoenvironmental professional that: l)the study was not conducted and the report was not prepared to work with you as the project proceeds. Establish a contingency for purposes of bid development, and 2)the findings,conclusions, } fund or other means to enable your geoenvironmental prolessional to and recommendations included in the report are based on a variety of respond rapidly, in order to limit the impact of unforeseen conditions, opinions, inferences,and assumptions and are subject to interpreta- And to help prevent any misunderstanding, identify those empowered tion. Use the letter to also advise contractors to consult with your to authorize changes and the administrative procedures that should geoenvironmental professional to obtain clarifications, interpretations, be followed, and guidance(a fee may be required for this service),and that—in any event—they should conduct additional studies to obtain the spe- Do Not Permit Any Other Party To Rely on the Report cific type and extent of information each prefers for preparing a bid or Geoenvironmental professionals design their studies and prepare cost estimate. Providing access to the full report,with the appropri- their reports to meet the specific needs of the clients who retain them, ate caveats, helps prevent formation of adversarial altitudes and in light of the risk management methods that the client and geoenvi- claims of concealed or differing conditions. If a contractor elects to I . ronmental professional agree to,and the statutory, regulatory,or other ignore the warnings and advice in the letter of transmittal, it would do requirements that apply.The study designed for a developer may dif- so at its own risk.Your geoenvironmental professional should be able fer sharply from one designed for a lender, insurer, public agency—or to help you prepare an effective letter. even another developer. Unless the report specifically states other- wise, it was developed for you and only you.Do not unilaterally per- Do Net Separate Domenletion from the Report mit any other party to rely on it.The report and the study underlying it Geoenvironmental reports often include supplemental documentation, may not be adequate for another party's needs, and you could be held such as maps and copies of regulatory files,permits, registrations, liable for shortcomings your geoenvironmental professional was pow- citations,and correspondence with regulatory agencies, If subsurface erless to prevent or anticipate. Inform your geoenvironmental profes- explorations were performed, the report may contain final boring logs sional when you know or expect that someone else--a third-party— and copies of laboratory data. If remediation activities occurred on will want to use or rely on the report. Do not permit third partyuse or site, the report may include:copies of daily field reports;waste mani- reliance until you first confer with the geoenvironmental professional fests;and information about the disturbance of subsurface materials, who prepared the report Additional ,or testing, Y y may analysis, stud be Y the type and thickness of any fill placed on site,and fill placement required and, in any event, appropriate terms and conditions should practices,among other types of documentation. Do not separate sup- be agreed to so both you and your geoenvironmental professional are plemental documentation from the report Do not, and do not permit protected from third-party risks.Any party who relies on a geoenvi- any other party to redraw or modify any of the supplemental docu- ronmental report without the express written permission of the pro- mentation for incorporation into other professionals'instruments of fessional who prepared it and the client for whom it was prepared service. may be solely liable for any problems that arise. I nderstand the Role of Standards Avoid Misinterpretation of the Report Unless they are incorporated into statutes or regulations,standard ; Design professionals and other parties may want to rely on the report practices and standard guides developed by the American Society for in developing plans and specifications. They need to be advised, in Testing and Materials(ASTM)and other recognized standards-level- writing,that their needs may not have been considered when the oping organizations(SDOs)are little more than aspirational methods study's scope was developed,and,even if their needs were consid- agreed to by a consensus of a committee.The committees that devel- i ered,they might misinterpret geoenvironmental findings,conclu- op standards may not comprise those best-qualified to establish sions,and recommendations. Commission your geoenvironmental methods and,no matter what, no standard method can possibly con- professional to explain pertinent elements of the report to others who sider the infinite client-and project-specific variables that fly in the are permitted to rely on it and to review any plans,specifications or face of the theoretical "standard conditions" to which standard prat- other instruments of professional service that incorporate any of the tices and standard guides apply. In fact,these variables can be so report's findings, conclusions, or recommendations.Your geoenviron- pronounced that geoenvironmental professionals who comply with mental professional has the best understanding of the issues every directive of an ASTM or other standard procedure could run involved, including the fundamental assumptions that underpinned afoul of local custom and practice, thus violating the standard of care. I the study's scope.