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SCHEDULES

SCHEDULE 7Groundwater Damage Protection

Execution of remedial work

13(1)On being required under paragraph 12 above to carry out remedial work the Development Corporation shall—

(a)as soon as reasonably practicable, arrange for the execution of appropriate work at their expense,

(b)ensure that the work is commenced before the end of the period of six months beginning with the day on which they are so required, and

(c)be responsible for obtaining all necessary statutory consents and approvals in relation to the work.

(2)If the Development Corporation fail to comply with sub-paragraph (1)(b) above, the person who required them to carry out the work may nominate a contractor (with the contractor’s consent); and the Development Corporation shall make arrangements with the contractor for the execution of the work unless the Development Corporation—

(a)have reasonable grounds for refusing to do so, and

(b)within twenty-eight days of receiving the nomination of the contractor, give the reasons for their refusal to the person who made the nomination.

(3)Any dispute as to—

(a)whether the report of a survey of a building carried out under paragraph 4, 5 or 6 above shows that the building has suffered or is likely to suffer groundwater damage,

(b)whether the report of monitoring of a building carried out under paragraph 10 above recommends the carrying out of remedial work to the building,

(c)whether a requirement to carry out remedial work has been made to the Development Corporation,

(d)what constitutes appropriate work for the purposes of sub-paragraph (1) above, or

(e)whether the Development Corporation have reasonable grounds for refusing to make arrangements for the execution of work by a nominated contractor,

shall be determined in accordance with paragraph 25 below.