The Works Information on our Option A contract states that “The Contractor has no title to materials from excavation and demolition.”
If the Contractor has no title to excavated material, we are wondering in particular:
- is the Contractor free to recycle that material and re-use it on the project (or indeed, on other nearby projects on which the Contractor is engaged) without offering a saving to the Employer?
- Is the Contractor obliged to leave the excavated material on site for the Employer’s use?
- Or if the excavated material has no value, can the Contractor actually dispose of material that he has no title to and is he liable for the cost of disposal?