Paragraph 39 Expert determinationI1

England and Wales

(1)

Article 52 (arbitration) of the Order does not apply to this Part of this Schedule.

(2)

Any difference under this Part of this Schedule may be referred to and settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the differing parties or, in the absence of agreement, identified by the President of the Institution of Civil Engineers.

(3)

On notification by either party of a dispute, the parties must jointly instruct an expert within 14 days of notification of the dispute.

(4)

All parties involved in settling any difference must use best endeavours to do so within 21 days from the date that an expert is appointed.

(5)

The expert must—

(a)

invite the parties to make submission to the expert in writing and copied to the other party to be received by the expert within 7 days of the expert’s appointment;

(b)

permit a party to comment on the submissions made by the other party within 7 days of receipt of the submission;

(c)

issue a decision within 7 days of receipt of the submissions under sub-paragraph (b); and

(d)

give reasons for the decision.

(6)

Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 52 (arbitration).

(7)

The fees of the expert are payable by the parties in such proportions as the expert may determine or, in the absence of such determination, equally.

FORM OF BOND

BY THIS BOND [ ] [(Company Regn No )] whose registered office is situated at [ ] (“the undertaker”) and [ ] [(Company Regn No )] whose registered office is situated at [ ] (“the Surety”) are jointly and severally bound to [ ] of [ ] (“the [ ]”) this [ ] day of [ ] 202[ ] in the sum of [ ] pounds (£[Surety Sum]) to the payment of which sum the undertaker and the Surety hereby jointly and severally bind themselves their successors and assigns.

WHEREAS under a Development Consent Order known as [ ] (“the DCO”) the undertaker is empowered to commence execute perform and complete the highway works mentioned therein in such manner and within such time and subject to such conditions and stipulations as are particularly specified and set forth in the DCO and also to pay to National Highways such sums as are therein provided NOW THE CONDITIONS of this Bond are such that if the undertaker shall duly observe and perform all the terms provisions covenants conditions and stipulations of Part [ ] of Schedule [ ] to the DCO on the undertaker’s part to be observed and performed according to the true purport intent and meaning thereof or if on default by the undertaker the Surety shall satisfy and discharge the damages sustained by National Highways thereby up to the amount of this Bond then this obligation shall be null and void but otherwise shall be and remain in full force and effect in accordance with the provisions of the DCO (and including any reductions as provided for in the DCO) but no allowance of time by National Highways under the DCO nor any forbearance or forgiveness in or in respect of any matter or thing concerning the DCO on the part of National Highways shall in any way release the Surety from any liability under this Bond.

It is hereby agreed that this Bond will be reduced and released in accordance with paragraph [ ] and [ ] of Part [ ] of Schedule [ ] of the DCO.

[Attestation]

Annotations

Commencement

I1: Sch. 9 para. 39 in force at 12.10.2025, see art. 1