41.4  Results of Survey

If the final survey shows that the Contractor has not complied with or is not complying with its obligations under clause 23.1 (Maintenance), the Authority shall:

41.4.1  notify the Contractor of the rectification and/or maintenance work which is required to bring the condition of the [Dwellings][Properties] to the standard they would have been in if the Contractor had complied or was complying with its obligations under clause 23.1 (Maintenance) (the Required Standard);

41.4.2  specify a reasonable period within which the Contractor must carry out such rectification and/or maintenance work; and

41.4.3  [Where the non compliance is [material] [in respect of [%] of the Dwellings subject to the survey] recover the cost of the survey from the Contractor by means of a withdrawal from the Retention Fund Account or deduction from the next payment of the Unitary Charge.248

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248 It may be reasonable to insert a provision demonstrating a degree of materiality in non compliance with the maintenance obligations.  See clause 23.2.5(c) (Survey's).