11.1  Contractor's Obligation99

(a)  Insofar as the carrying out of the Works affects or may affect the provision of any services at any Existing Facility the Contractor shall procure that (subject to the terms of this Agreement) the Works are carried out so as to minimise any disruption to the provision of these services and in compliance to the extent reasonably practicable with the Construction Programme.100

(b)  Without prejudice to the requirement of the Contractor to notify pursuant to clause 16 (Extensions of Time), if either:

(i)  the Contractor becomes aware at any time that the actual progress of the Works may become or has been significantly delayed or has fallen behind the Construction Programme; or

(ii)  it appears to the Authority's Representative at any time that the actual progress of the Works has been significantly delayed or has fallen behind the Construction Programme (and the Authority's Representative requests the Contractor's Representative to do so),

the Contractor's Representative shall submit to the Authority's Representative a report identifying the reasons for the delay and (where the Authority's Representative requires the Contractor's Representative to do so) the Contractor's Representative shall produce and submit to the Authority's Representative a revised Construction Programme showing the manner and the periods in which the Works will be carried out to achieve the Planned Services Availability Date and/or showing the steps which are to be taken to eliminate or reduce the delay.

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99  If there are no Initial Services, the Authority may not be as concerned about the compliance with the Construction Programme.  

100  If the Authority has a particular requirement that must be complied with during the Works Phase, e.g. there must always be one of the Existing Facilities open to the public throughout the Works Phase, this should be referred to here.