10.1  Obligation to Carry Out

The Contractor shall or shall procure that the [Building] [Refurbishment] Contractor (and its sub-contractors and/or consultants) shall carry out the design (including the preparation of Design Data) and the construction and completion, [commissioning and testing] of the [Initial Refurbishment] Works so that:

10.1.1  each Dwelling shall achieve the Certificate of Availability Rented (Full Standard) or Certificate of Availability Leasehold (Full Standard) as appropriate on or before the [Planned Services Commencement Date] [Planned Refurbishment Completion Date] for that Dwelling;

10.1.2  the [Initial Refurbishment] Works fully comply with and meet all the requirements of this Agreement, the Output Specification, the Contractor's Proposals, Good Industry Practice, Guidance, all Consents and all applicable Authority's Policies, Legislation and the provisions of the Tenancy Agreement [and leaseholder leases]. In the event that the Contractor enters into any sub-contract in connection with the [Initial Refurbishment] Works it shall ensure that such sub-contractor complies with and meets all the requirements of the Equality Requirements;

10.1.3  new materials only will be used in carrying out the [Initial Refurbishment] Works (unless the Authority agrees otherwise in writing or the contrary is set out in the Output Specification) and all goods used or included in the [Initial Refurbishment] Works will be of satisfactory quality, and there will be used or included in the [Initial Refurbishment] Works none of those products and materials listed in Schedule 7 (Prohibited Materials) nor any products or materials not in conformity with relevant British or European Union Standards or codes of practice which at the time of use are widely known to building contractors or members of the relevant design profession within the European Union to be deleterious to health or safety or to the durability of buildings and/or other structures and/or finishes and/or plant and machinery in the particular circumstances in which they are used;

10.1.4  all persons employed in connection with the performance of the [Initial Refurbishment] Works will be skilled and experienced in their several professions, trades and callings or adequately supervised;

10.1.5  all aspects of the [Initial Refurbishment] Works will be supervised by sufficient numbers of persons having adequate knowledge of such matters for the satisfactory and safe performance of the Works in accordance with this Agreement having regard to the activities which are carried out at the Dwellings and Properties and also to the existence of Tenants and Leaseholders;

10.1.6  the [Initial Refurbishment] Works are maintained in good order, kept in a safe condition and protected from damage, and working areas of the Sites are secure against trespassers and clean and tidy so far as practicable having regard to the nature of the [Initial Refurbishment] Works; and

10.1.7  adequate retaining and supporting walls are provided to support any Adjoining Property during the carrying out of the [Initial Refurbishment] Works.

10.1.8  the [Initial Refurbishment] Works are carried out and completed in a manner not likely to prejudice the satisfaction of the Output Specification; and

10.1.9  the [Initial Refurbishment] Works are carried out in compliance with the Equality Requirements.