Appendix 1E Disrepair Transitional Arrangements Protocol
Timetable | Case | Authority Risk and Responsibility | Contractor Risk and Responsibility |
At | All existing cases relating to |  Continue to specify all works to address .
is responsible for all litigation up to settlement of , legal and compensation costs and counterclaims against the sub contractor to continue with works New instructions to sub contractors to cease on [ ] except in urgent or other priority cases | • None |
At | Any other counterclaims against the | Continue to specify all works to address . is responsible for all litigation up to settlement of , legal and compensation costs and counterclaims against the sub-contractor to continue with works New instructions to sub-contractor to cease on [ ] except in urgent or other priority cases | • None |
From | Existing Cases Relating to and Counter Claims | The takes responsibility for mitigating risks. Any "On Notice" letters acknowledged shall be referred to the from the Joint working on specifications from the with the leading Agree final specification for those cases where this is still outstanding with is responsible for all litigation up to settlement of , legal and compensation costs and counterclaims against the The sub-contractor to complete all work in progress in relation to at the cost of the , as identified by the and the as outstanding at the , within a reasonable period following the No new works undertaken by sub-contractor to address . Any guarantees relating to works carried out by the sub-contractor to be assigned, where possible Where the cannot assign the benefit of any guarantee, at the request the shall invoke the provisions of the guarantee | The takes responsibility for mitigating risks, legal costs and checking legal compliance during survey visits Joint working on specifications Reporting the works to the If a counterclaim, liaise with |
Post Services Commencement Date | New cases pre Disregard Actions Cut Off Date | Agree the level of specification for any works to address , depending on where is in the refurbishment programme, with the Agree final specification with the is responsible for all litigation up to settlement of , legal and compensation costs and counterclaims against the Liaise with the Refer "on notice" letters to the Joint working with the on any counterclaims until settlement | The legal compensation costs and counterclaims shall be a risk from the and deductions from the shall apply from the date following the relevant (as set out in Schedule 4 (Payment and Performance Mechanism)) provided that such defect is due to failure by the to maintain at the All new works to address to be undertaken by the Liaise with the in relation to any letters before action relating to Negotiate the specification of works with the All risks and responsibility relating to all new works undertaken by the and their costs Refer any "On Notice" letters to the Where the volume of required to be undertaken by the due to exceeds the Refurbishment Contractor's capacity to undertake the (acting in accordance with and in a reasonable timeframe), the shall raise such volume of with the under the Liaison Procedure or otherwise. The and the shall consider the relevant and the and the (acting reasonably) will agree to a programme of such to prioritise urgent and if no agreement can be reached between the parties, the matter shall be determined under the . Insofar as the complies with the timetable set out in any such agreed programme, it shall be deemed to have mitigated all liabilities of the arising from such (in accordance with clause 28.4.5) of this . At any time following the and prior to the , the , the 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 within such programme but having at all times regard to the Refurbishment Contractor's obligations to achieve the Planned Refurbishment Works Completion Date. The shall agree with the (such agreement not to be unreasonably withheld) a standard brief to be used by the or sub-contractor's employees when discussing with and possible to address potential or actual .] |
Post Services Commencement Date | New counterclaims pre-Disrepair Action Cut-off Date | is responsible for settling contested arrears cases that form part of a counterclaim to a | to specify works to address to mitigate losses and costs as above is responsible for ensuring payment of rent arrears, excepting any contested arrears arising from a All risks and responsibility for all works to address undertaken by the and their costs Instruct Contractor's Solicitors [Where the volume of required to be undertaken by the due to exceeds the Refurbishment Contractor's capacity, to undertake such (acting in accordance with , the and in a reasonable timeframe), the shall raise such volume of with the under the Liaison Procedure or otherwise. The and the shall consider the relevant and the and the (acting reasonably) will agree to a programme of such to prioritise urgent and if no agreement can be reached between the parties, the matter shall be determined under the . Insofar as the complies with the timetable set out in any such agreed programme, it shall be deemed to have mitigated all liabilities of the arising from such (in accordance with clause 28.4.5 of this Agreement). The shall agree with the (such agreement not to be unreasonably withheld) a standard brief to be used by the or employees when discussing with and possible to address potential or actual .] |
Post Services Commencement Date | New cases post- refurbishment | • None | • All |
Post Services Commencement Date | New counterclaims | • None | • All |