18.3  Site Matters [HRA Refurbishment Projects]

18.3.1  To the extent that unforeseen ground conditions not revealed by the Stock Condition Survey and/or Contamination exist in any parts of the Site which are under existing Dwellings and/or Properties as at Financial Close the Contractor shall not be responsible for them, unless they were discovered by the [identify any survey undertaken] or would have been identified in the [identify any survey undertaken] had that survey been carried out with the level of skill and care reasonably to have been expected from competent professionals carrying out such survey or would have been identified had the Contractor carried out such additional surveys as it would have been reasonable to expect an experienced contractor to have carried out in the circumstances.  If the Contractor is not responsible for such ground conditions and/or Contamination under this clause 18.3.1 (Site Matters) then the Authority shall be so responsible.

18.3.2  Where pursuant to clause 18.3.1 (Site Matters) 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 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;

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

and the Contractor shall in carrying out any works referred to in clauses 18.3.2(a) and 18.3.2(b) do so in accordance with and so that it shall at all times comply with its obligations under this Agreement including (without limitation) complying with Good Industry Practice, any applicable Legislation and any Consents, orders, notices or directions of any regulatory body (whether made against the Authority or the Contractor).

18.3.3  The Contractor shall be entirely responsible for any unforeseen ground conditions revealed by the Stock Condition Survey and any Contamination which it shall have brought on to any land within the Project Area.

18.3.4  The Contractor shall indemnify the Authority in respect of all Direct Losses and hold the Authority harmless from cleaning up and otherwise dealing with any Contamination within the [Project Site] [Dwelling] [Property] where clause 18.3.3 (Site Matters) applies

18.3.5  The Contractor shall be deemed to have:-

(a)  satisfied itself as to the adequacy of the means and rights of access to and through the Sites and any accommodation it may require for the purposes of fulfilling its obligations under this Agreement (such as additional land or buildings outside the Sites);

(b)  satisfied itself as to the possibility of interference by persons of any description whatsoever (other than the Authority or Authority Related Party), with access to or use of, or rights in respect of, the Sites with particular regard to the owners of any land adjacent to the Sites; and

(c)  satisfied itself as to the precautions, times and methods of working necessary to prevent any nuisance or interference, whether public or private, being caused to any third parties.