The design team, contractor, and project owner must work together to preserve the artifacts while moving the project forward. As a team, they should take the following steps to comply with legal requirements and protect the integrity of the site:
1. Stop work immediately: The contractor should halt all construction activities in the area where the artifacts were found to prevent further disturbance. Such action should lead to an extension of the project’s time for completion and may entitle the contractor to an increased payment for overhead costs.
2. Secure the area: The contractor should cordon off the area to restrict access and protect the site from unauthorized personnel. The scope and method used will need to address the specific characteristics of the site.
3. Notify authorities: The contractor should first contact the project owner and either the contractor or project owner must contact local or state authorities, such as a historical preservation office or archaeological agency, to report the discovery. This may include notifying law enforcement if the relics are suspected to be of significant historical value.
4. Document the discovery: If safe to do so, the contractor should document the site with photographs and detailed notes about the location, condition, and context of the relics.
5. Follow legal and regulatory guidelines: The project owner and contractor must be aware of and comply with any local, state, or federal laws regarding the handling of archaeological or historical finds. This may include obtaining permits or following specific procedures for preservation and allowing for future excavation.
6. Cooperate with experts: The contractor, design team, and project owner should be prepared to cooperate with archaeologists or historians who may be called to assess the site. This may involve allowing them to investigate or conduct a monitored excavation of portions of the site.
7. Communicate with stakeholders: The project owner and contractor should keep relevant project stakeholders informed, including insurance companies and the public, while maintaining sensitivity to the situation.
8. Review project plans: Depending on the significance of the discovery, the design team, working in conjunction with the project owner and the contractor, may need to adjust the design, modify the timelines, and increase the project’s budget to accommodate any necessary archaeological work.
9. Implement training and protocols: To prevent future mistakes in dealing with similar discoveries that could destroy historical artifacts, contractors should consider implementing training for workers on how to recognize and respond to potential archaeological findings.
10. Consult legal counsel: The parties should consult with legal counsel to understand their obligations and rights regarding the discovery.
By following these steps, all parties should be able to demonstrate that they managed the situation appropriately and in compliance with applicable laws and regulations.