# The A46 Newark Bypass Development Consent Order 2025, Paragraph 70: Making good of detriment, compensation and indemnity, etc.

Extent: E+W

(1) If any detriment is caused by the construction or failure of the specified works or the protective works if carried out by the undertaker, the undertaker (if so required by the Canal & River Trust) must make good such detriment and pay to the Canal & River Trust all reasonable expenses incurred by the Canal & River Trust, and compensation for any loss sustained by the Canal & River Trust, in making good or otherwise by reason of the detriment.
(2) The undertaker is responsible for and must pay to the Canal & River Trust all costs, charges, damages, expenses and losses not otherwise provided for in this Part which may be occasioned to and reasonably incurred by the Canal & River Trust—
(a) by reason of the construction of a specified work or a protective work of the failure of such a work; or
(b) by reason of any act or omission of the undertaker or of any person in its employ or of its contractors or others whilst engaged upon the construction of a specified work or protective work; and
subject to sub-paragraph (4), the undertaker must effectively indemnify and hold harmless the Canal & River Trust from and against all claims and demands arising out of or in connection with any of the matters referred to in sub-paragraphs (2)(a) and (2)(b).
(3) The fact that any act or thing may have been done by the Canal & River Trust on behalf of the undertaker, or in accordance with plans approved by the Engineer, or in accordance with any requirement of the Engineer or under the Engineer’s supervision, or in accordance with any directions or awards of an arbitrator, is not to excuse the undertaker from any liability under the provisions of this paragraph if it was done without negligence on the part of the Canal & River Trust or of any person in its employ or of its contractors or agents.
(4) Nothing in sub-paragraph (2) imposes any liability on the undertaker with respect to any detriment, damage, loss or interruption to the extent that it is attributable to the act, neglect or default of the Canal & River Trust, its officers, servants, contractors or agents.
(5) The Canal & River Trust must give the undertaker reasonable notice of any such claim or demand as aforesaid and no settlement or compromise of such a claim or demand is to be made without the prior consent of the undertaker.
(6) The aggregate cap of the undertaker’s gross liability for consequential losses under this Part shall be limited to £50,000,000.00 (fifty million pounds) for any one occurrence or all occurrences of a series arising out of the one original cause.

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Source: https://www.legislation.gov.uk/uksi/2025/1090/schedule/9/paragraph/70 (the official version)
Page: https://openlegislation.uk/a46-newark-bypass-development-consent-order-2025/schedule-9/paragraph-70
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.