Suspension of works
7.—(1) DCC may instruct the undertaker to suspend the works if in DCC’s reasonable opinion the actions of the undertaker, or those of its contractors or sub-contractors in carrying out the works, have caused or are likely to cause damage to—
(a)any DCC apparatus; or
(b)the environment, arising as a result of damage to DCC apparatus.
(2) If DCC gives such an instruction—
(a)the undertaker must—
(i)procure that it and its contractors and sub-contractors immediately suspend or cease the works, having due regard to health and safety factors; and
(ii)discuss and agree with DCC the remedial actions required before resuming the works;
(b)the undertaker and DCC must act reasonably and without delay in discussing and agreeing any remedial actions required before resuming the works;
(c)DCC must submit to the undertaker within 3 days after giving the instruction a written notice specifying the reasons for requiring the works to be suspended;
(d)in the event that DCC fails to submit the written notice mentioned in paragraph (c) within 5 days after giving the instruction, the instruction is void and the undertaker may recommence the works;
(e)DCC must—
(i)commence, carry out and complete any remedial works agreed under this sub-paragraph as soon as reasonably practicable; and
(ii)give the undertaker notice immediately on completion of the remedial works; and
(f)on receipt of the notice mentioned to in paragraph (e)(ii), the undertaker may resume the works.
(3) The undertaker must pay to DCC the reasonable costs of all remedial works undertaken in accordance with this paragraph.