Timetable

Case

Authority Risk and Responsibility

Contractor Risk and Responsibility

At Services Commencement Date

All existing cases relating to Disrepair Actions

Continue to specify all works to address Disrepair Actions.

Authority is responsible for all litigation up to settlement of Disrepair Actions, including legal and compensation costs and counterclaims against the Authority

Authority's sub contractor to continue with works

New instructions to Authority sub contractors to cease on [   ] except in urgent or other priority cases

•  None

At Services Commencement Date

Any other counterclaims against the Authority

Continue to specify all works to address Disrepair Actions.

Authority is responsible for all litigation up to settlement of Disrepair Actions, including legal and compensation costs and counterclaims against the Authority

Authority's sub-contractor to continue with works

New instructions to Authority's sub-contractor to cease on [   ] except in urgent or other priority cases

•  None

From Services Commencement Date

Existing Cases Relating to Disrepair Actions and Counter Claims

The Authority takes responsibility for mitigating Contractor risks.

Any "On Notice" letters acknowledged shall be referred to the Contractor from the Services Commencement Date

Joint working on specifications from the Services Commencement Date with the Authority leading

Agree final specification for those cases where this is still outstanding with Contractor

Authority is responsible for all litigation up to settlement of Disrepair Actions, including legal and compensation costs and counterclaims against the Authority

The Authority's sub-contractor to complete all work in progress in relation to Disrepair Actions at the cost of the Authority, as identified by the Contractor and the Authority as outstanding at the Services Commencement Date, within a reasonable period following the Services Commencement Date

No new works undertaken by Authority's sub-contractor to address Disrepair Actions.

Any guarantees relating to works carried out by the Authority's sub-contractor to be assigned, where possible

Where the Authority cannot assign the benefit of any guarantee, at the Contractor's request the Authority shall invoke the provisions of the guarantee

The Contractor takes responsibility for mitigating Authority risks, including legal costs and checking legal compliance during survey visits

Joint working on specifications

Reporting the works to the Authority

If a counterclaim, liaise with Authority

Post Services Commencement Date

New cases pre Disregard Actions Cut Off Date

Agree the level of specification for any works to address Disrepair Actions, depending on where Dwelling is in the refurbishment programme, with the Contractor

Agree final specification with the Contractor

Authority is responsible for all litigation up to settlement of Disrepair Actions, including legal and compensation costs and counterclaims against the Authority

Liaise with the Contractor

Refer "on notice" letters to the Contractor

Joint working with the Contractor on any counterclaims until settlement

The legal compensation costs and counterclaims shall be a Contractor risk from the Disrepair Actions Cut Off Date and deductions from the Unitary Charge shall apply from the date following the relevant Rectification Period (as set out in Schedule 4 (Payment and Performance Mechanism)) provided that such defect is due to failure by the Contractor to maintain Dwellings at the Availability Standards Rented (Initial)

All new works to address Disrepair Actions to be undertaken by the Contractor

Liaise with the Authority in relation to any letters before action relating to Disrepair Actions

Negotiate the specification of works with the Authority

All risks and responsibility relating to all new works undertaken by the Contractor and their costs

Refer any "On Notice" letters to the Authority

Where the volume of Works required to be undertaken by the Contractor due to Disrepair Actions exceeds the Refurbishment Contractor's capacity to undertake the Works (acting in accordance with Works Delivery Plan and in a reasonable timeframe), the Contractor shall raise such volume of Works with the Authority under the Liaison Procedure or otherwise.  The Contractor and the Authority shall consider the relevant Disrepair Actions and the Authority and the Contractor (acting reasonably) will agree to a programme of such Works to prioritise urgent Works and if no agreement can be reached between the parties, the matter shall be determined under the Dispute Resolution Procedure.

Insofar as the Contractor complies with the timetable set out in any such agreed programme, it shall be deemed to have mitigated all liabilities of the Authority arising from such Disrepair Actions (in accordance with clause 28.4.5) of this Agreement.

At any time following the Services Commencement Date and prior to the Disrepair Action Cut-off Date, the Authority, the Contractor and the Refurbishment Contractor shall consider whether as part of the Refurbishment Contractor's programme of works further consideration can be given to the carrying out of works to address any outstanding Disrepair Actions within such programme but having at all times regard to the Refurbishment Contractor's obligations to achieve the Planned Refurbishment Works Completion Date.

The Authority shall agree with the Contractor (such agreement not to be unreasonably withheld) a standard brief to be used by the Contractor's or sub-contractor's employees when discussing with Tenants and Leaseholders possible Works to address potential or actual Disrepair Actions.]  

Post Services Commencement Date

New counterclaims pre-Disrepair Action Cut-off Date

Authority is responsible for settling contested arrears cases that form part of a counterclaim to a Disrepair Action

Contractor to specify works to address Disrepair Actions to mitigate Authority losses and costs as above

Contractor is responsible for ensuring payment of rent arrears, excepting any contested arrears arising from a Disrepair Action

All risks and responsibility for all works to address Disrepair Actions undertaken by the Contractor and their costs

Instruct Contractor's Solicitors

[Where the volume of Works required to be undertaken by the Contractor due to Disrepair Actions exceeds the Refurbishment Contractor's capacity, to undertake such Works (acting in accordance with Good Industry Practice, the Works Delivery Plan and in a reasonable timeframe), the Contractor shall raise such volume of Works with the Authority under the Liaison Procedure or otherwise.  The Contractor and the Authority shall consider the relevant Disrepair Actions and the Authority and the Contractor (acting reasonably) will agree to a programme of such Works to prioritise urgent Works and if no agreement can be reached between the parties, the matter shall be determined under the Dispute Resolution Procedure.

Insofar as the Contractor complies with the timetable set out in any such agreed programme, it shall be deemed to have mitigated all liabilities of the Authority arising from such Disrepair Actions (in accordance with clause 28.4.5 of this Agreement).

The Authority shall agree with the Contractor (such agreement not to be unreasonably withheld) a standard brief to be used by the Contractor's or Sub contractor's employees when discussing with Tenants and Leaseholder possible Works to address potential or actual Disrepair Actions.]

Post Services Commencement Date

New cases post- refurbishment

•  None

•  All

Post Services Commencement Date

New counterclaims Disrepair Actions Cut-Off Date

•  None

•  All