1. After the Actual Completion Date, Project Co shall carry out Small Works which have been requested by the Board. If there shall be any dispute as to whether an item of work requested by the Board constitutes Small Works either party may refer it for resolution in accordance with Part 26 of the Schedule (Dispute Resolution Procedure).177
2. Not later than twenty (20) Business Days prior to the commencement of each Contract Year Project Co shall propose a Schedule of Small Works Rates for that Contract Year for the purposes of the same being agreed by the Liaison Committee pursuant to the provisions of Clause 12 (Liaison). The value178 of any such Small Works shall be calculated as follows:
(a) the labour element shall be calculated in accordance with the Schedule of Small Works Rates or, where such rates are not applicable, in accordance with analogous rates, failing which rates which are fair and reasonable; and
(b) the materials element shall be charged at the cost of the materials to Project Co or to the contractor carrying out the work (net of all discounts) plus [7.5]%.179
3. Project Co shall notify the Board's Representative of the estimated duration of any Small Works so that the Board's Representative and Project Co can agree a convenient time for carrying out the same (so as to minimise inconvenience to the Board). Project Co shall take all reasonable steps to minimise the duration of any Small Works.
4. Any dispute as to the cost of Small Works shall be referred for resolution in accordance with Part 26 of the Schedule (Dispute Resolution Procedure). In the event of failure on the part of the Liaison Committee to agree in advance of any Contract Year the Schedule of Small Works Rates, the said rates shall be determined in accordance with Part 26 of the Schedule (Dispute Resolution Procedure).
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177 Consideration may be given to making this an issue on which the expert determination is final and binding.
178 This determines the value of the works. Provision will have to be included in Clause 35.2 of the Project Agreement (Payment) for machinery for the Board to pay for the works when they have been completed.
179 To be determined on a project specific basis.