| STANDARDISATION OF PF2 CONTRACTS PROVISION | SOURCE OF CHANGE WHERE RELEVANT | EXPLANATION OF HOW PROVISION HAS CHANGED THE SoPC4 POSITION |
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| Policy | This recognises (as does Section 13.3 (Benefit of Surveys and Reports) above) that, where they are providing land, Authorities should bear title risk , and contamination risk to the extent contamination cannot be surveyed . | |
| Policy | The definition of "Compensation Event" has been amended to specify breach of warranty as well as of obligation. This is in recognition of the likelihood of there being Authority warranties in the Contract. | |
| Clause 15.2 (Delays in Service Commencement Due to a Compensation Event) | Policy | Reference is made to delays to the Handover Date as well as to the Service Commencement Date. This is because, with soft services now to be left to the Authority, the Authority may need additional time after construction Handover, to mobilise soft services before Service Commencement. |
| Clause 15.2 (c) (Delays in Service Commencement Due to a Compensation Event) | Market up-date | An addition has been made at Clause 15.2(c) for the supply by the Contractor of information relating to the delay. |
| | Market up-date | While there should generally be no extension of the term of the Contract if there is a delay, it has been recognised (particularly in waste projects) that where delays (such as for planning) are expected, special provisions for relief or termination may be needed. |
| Policy | Reference is made to Handover as well as Service Commencement. See Clause 15.2 above. | |
| Market up-date | An addition has been made at Clause 15.3 (c) for the supply by the Contractor of information relating to the delay. | |
| Market update | In Clause 15.3(e) it is made clear that deductions made during a Relief Event shall be disregarded for the purpose of the Authority's right to terminate this Agreement for a Contractor Default. |