18.8  Defects [HRA Refurbishment Projects]

18.8.1  The Authority accepts, in relation to the Dwellings and Properties, responsibility (including any financial and other consequences which result either directly or indirectly) for:

a)  any Defect which is not revealed by the data contained in the Stock Condition Survey as a reasonable and prudent Contractor would interpret such data in the context of the Project other than any such Defect which should have been revealed by the data in the Stock Condition Survey had the Stock Condition Surveyor undertaken the Stock Condition Survey in accordance with the Stock Condition Surveyor's Appointment

b)  any asbestos which is not revealed by the data contained in the Asbestos Survey as a reasonable and prudent Contractor would interpret such data in the context of the Project other than any asbestos which should have been revealed by the data in the Asbestos Survey had the Asbestos Surveyor undertaken the Asbestos Survey in accordance with the Asbestos Surveyor's Appointment

18.8.2  Where pursuant to clause 18.8.1 (Defects) the Authority is responsible for any of the matters referred to then the following provisions shall apply:

a)  the matter shall be deemed to be a Compensation Event for the purposes of this Agreement and any work which is required or instructed to be done in consequence of it shall be deemed to be an Authority Change;

(b)  no Unavailability Deductions or Performance Deductions may be made in respect of the relevant Dwelling or Property pursuant to Schedule 4 (Payment Mechanism) and any work or change to the Services required or instructed to be done in consequence of it, shall be deemed to be an Authority Change; and

(c)  where any such matter is asbestos the Authority shall further hold the Contractor harmless from cleaning up and otherwise dealing with such asbestos and shall indemnify the Contractor in respect of all Direct Losses incurred by the Contractor resulting from such asbestos.

18.8.3  For the avoidance of any doubt the Contractor accepts, in relation to the Dwellings and Properties, entire responsibility (including any financial and other consequences which result either directly or indirectly) for any Defect or asbestos not covered by clause 18.8.1 (Defects)

18.8.4  Where a Dwelling shall contain Defects, the Authority may on notice in writing to the Contractor withdraw that Dwelling from the Project and a Voluntary CNDT shall have been deemed to have occurred and clause 28.6 (Changes to Numbers of Dwellings by Tenure) shall apply as if the Dwelling had been subject to a CNDT.