Paragraph 6 Inspection and constructionI1

All specified works shall be constructed with all reasonable despatch in accordance with the detailed designs or plans approved or settled under this part of this Schedule and to the reasonable satisfaction of the Agency.

An officer of the Agency shall be entitled to watch and inspect the construction of any specified works.

The undertaker shall give to the Agency not less than 10 business days’ notice in writing of its intention to commence construction of the specified works and notice in writing of their completion not later than 5 business days after the date on which they are completed.

If any part of a specified work is constructed otherwise than in accordance with the requirements of this Part of this Schedule, the Agency may by notice in writing require the undertaker at the undertaker’s own expense to comply with the requirements of this part of this Schedule or if the undertaker so elects (and the Agency in writing consents, such consent not to be unreasonably withheld or delayed) to remove, alter or pull down the specified work and, where removal is required, to restore the site to its former condition to such extent and within such limits as the Agency reasonably requires.

Subject to paragraph 6(6), if within a reasonable period, being not less than 28 days from the date when a notice under paragraph 6(4) is served upon the undertaker, it has failed to begin taking steps to comply with the requirements of the notice and subsequently to make reasonably expeditious progress towards their implementation, the Agency may execute the works specified in the notice and any expenditure incurred by it in so doing shall be recoverable from the undertaker.

In the event of any dispute as to whether paragraph 6(4) is properly applicable to any work in respect of which notice has been served under that paragraph, or as to the reasonableness of any requirement of such a notice, the Agency shall not except in emergency exercise the powers conferred by paragraph 6(5) until the dispute has been finally determined.