Construction Contract Provisions for Preservation of Artifacts

Contract provisions of more than 100 owner agencies are examined to determine the extent to which cultural resources are addressed in construction contracts. Results show that owner agencies are becoming increasingly aware of the need to preserve artifacts of cultural and historical importance as evidenced by the increased use of provisions concerning cultural resources, research reveals that there is a considerable discrepancy between the clarity and completeness of the various provisions. Before any construction activities take place on a site and before construction contracts are awarded, owners should conduct thorough investigations of their properties to determine the likelihood that artifacts of value might be present. In addition, owners should include contract provisions that require construction contractors to suspend work activities when suspected items of value are discovered during construction. To assure compliance with these provisions, it is also important to include provisions that compensate contractors for such suspensions of work activities. Guidelines for other related construction contract provisions are provided.