23.2.1 The survey should usually be carried out one to two years prior to the end of the Contract, ideally by an independent party.401
23.2.2 If no payment is to be made on expiry and the survey reveals that the Contractor has not complied with its obligations so that the assets will not be handed over to the Authority in the required condition, the Contract should contain a mechanism to ensure that the cost of carrying out the necessary works is recoverable from the Contractor. This may be as a debt or by way of Set-off or withholding of the relevant amount from the Unitary Charge during the course of the Contract.
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401 The use of an independent party will not always be appropriate in defence projects particularly if the MOD is the only suitable surveyor.