19.6  Site Meetings, Monitoring and Inspection

19.6.1  The Contractor shall procure that:

a)  subject to complying with all relevant safety procedures, which shall include any relevant health and safety plans for the construction of the [Initial Refurbishment] Works, the Contractor's site rules from time to time and any reasonable directions with regard to site safety that may be issued by or on behalf of the Contractor's Representative from time to time, the Authority's Representative and such other authorised personnel as notified by the Authority to the Contractor shall on reasonable prior notice appropriate to the circumstances have unrestricted access to all parts of the Site at all reasonable times during normal working hours necessary to:

(i)  view the state and progress of [Initial Refurbishment] Works [at each Site] and to ascertain whether they are being executed in accordance with this Agreement; and  

(ii)  subject to obtaining the consent of the relevant manufacturer or supplier (which the Contractor agrees to use all reasonable endeavours to obtain), visit any site or workshop where materials, plant or equipment are being manufactured, prepared or stored for use in the [Initial Refurbishment] Works for the purposes of general inspection and of attending any test or investigation being carried out in respect of the Works

(b)  the Authority's Representative shall have such rights of access to the Site in an emergency as it (acting reasonably) considers suitable in the circumstances; and

(c)  monthly progress meetings and site meetings are held and that the Authority's Representative shall have the right to attend such monthly progress meetings and site meetings and to attend as observer such other meetings as the Authority's Representative may reasonably request.

19.6.2  If, following any viewing, visit or inspection made by the Authority, it is discovered that there are defects in the [Internal Refurbishment] Works or that the Contractor has materially failed to comply with the Output Specification or the Contractor's Proposals, the Authority may (without prejudice to any other right or remedy available to it) by notice to the Contractor increase the level of its monitoring of the Contractor until such time as the Contractor shall have demonstrated to the reasonable satisfaction of the Authority that it is capable of performing and will perform all its obligations under this Agreement.174

19.6.3  Supply of Information

The Contractor shall supply to the Authority a copy of the minutes of all Site and monthly progress meetings whether or not the Authority's Representative was in attendance together with information relating to the progress of the Works.




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174  Again, if an Employer's Agent is employed the Authority may relinquish these rights to the Employer's Agent rather than exercise them itself.