9.3 Authority Demolition Dwellings
No. | Housing Guidance Clause/Reference | PA Clause/ Reference | Description/Extent of Non-Compliance | Comments/Reason for Departure | |
[Each derogations table should be a stand-alone document and contain the actual drafting amendments redlined against the relevant clause from the Housing PFI Project Agreement. Where new wording or additional clauses are being proposed, the full text of those new or additional clauses should be shown here as redlined insertions. Similarly, where clauses are being deleted, the wording which is being removed should be shown here as redlined deletions.] | [Where a derogation sought is project specific, detailed justifications as to what makes it project specific must be stated in this column. Merely noting that a derogation is "project specific" with no project specific reasoning is insufficient. Similarly, 'better value for money must be evidenced. Furthermore please also note that derogations that are for clarificatory drafting purposes only are not project specific and are not acceptable derogations.] | ||||
EXAMPLE OF FORMAT ONLY: | |||||
2 | New Provision: (a) The Authority shall or shall procure the demolition of each Authority Demolition Dwelling by its relevant Demolition Date and shall ensure that the demolition fully complies with the Demolition and Clearance Standard. (b) If the Authority does not demolish or procure the demolition of each Authority Dwelling by its relevant Demolition Date or does not demolish or procure the demolition of each Authority Demolition Dwelling so that it fully complies with the Demolition and Clearance Standard then any delay and/or disruption to the carrying out of the Works caused by a delay in demolishing an Authority Demolition Dwelling or by a failure to demolish an Authority Demolition Dwelling in compliance with the Demolition and Clearance Standard shall, subject to (and in accordance with) the provisions of clause 16 (Extensions of Time), be treated as a Compensation Event. | Project specific to reflect the obligations on the Authority to demolish a number of dwellings. In reality the Authority will have demolished these dwelling before financial close. If the Authority fails to do so within agreed timings this could adversely impact on the Contractor's ability to perform their obligations. Therefore, the Contractor has been granted relief in the form of a Compensation Event where the Authority is at fault. | HCA Response 28/05/09 Paragraph (a) is accepted as a project specific change. Paragraph (b) is potentially unnecessary. Is the remedy for the contractor different from what would be available anyway under Clause 16? The Council to clarify whether the remedy for the Contractor is different from what would be available anyway under Clause 16, ie if the remedy is no different, why is para (b) needed? Council Response: 2/6/2009 Clause 9.3(b) has been deleted as required. HCA Response: 14/06/09 | ||