(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.
(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).
(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.
(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.
(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).
(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).