Revised Laws of Saint Lucia (2022)

261.   Duties of owners at construction sites

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    (1)   Before beginning construction work, the owner shall determine whether any critical substances are present at the construction site and shall prepare a list of all critical substances that are present at the site.

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    (2)   If any work on a construction site is tendered, the person issuing the tenders shall include, as part of the tendering information, a copy of the list referred to in subsection (1).

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    (3)   An owner shall ensure that a prospective employer at a construction site on the owner's property has received a copy of the list referred to in subsection (1) before entering into a binding contract with the employer.

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    (4)   The employer at a construction site shall ensure that each prospective contractor and subcontractor for the construction work has received a copy of the list referred to in subsection (1) before the prospective contractor or subcontractor enters into a binding contract for the supply of work on the construction site.

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    (5)   An owner who fails to comply with this section is liable to the employer at a construction site and every contractor and subcontractor who suffers any loss or damages as a result of the subsequent discovery on the construction site of a critical substance that the owner ought reasonably to have known of but that was not on the list prepared under subsection (1).

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    (6)   An employer at a construction site who fails to comply with this section is liable to every contractor and subcontractor who suffers any loss or damage as a result of the subsequent discovery on the construction site of a critical substance that was not on the list prepared under subsection (1).