Paragraph 8 I1

England and Wales

(1)

Any specified work, when commenced, must so far as reasonably practicable be constructed in accordance with these protective provisions and—

(a)

without unnecessary delay in accordance with the plans and construction methodology approved or deemed to have been approved or settled under paragraph 7;

(b)

under the supervision (if given) and to the reasonable satisfaction of the protected asset owner;

(c)

in such manner as to avoid damage to the protected asset; and

(d)

so as not to interfere with or obstruct the free, uninterrupted and safe use of any protected asset or any traffic on that asset.

(2)

If any damage to a protected asset or any such interference or obstruction is caused by the carrying out of, or in consequence of the construction of a specified work, the undertaker must make good such damage without unreasonable delay and must pay to the protected asset owner all reasonable expenses incurred by the protected asset owner and compensate for any loss which it may sustain by reason of any such damage, interference or obstruction.

(3)

Nothing in this Part of this Schedule imposes any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of the protected asset owner or its servants, contractors or agents or any liability on the protected asset owner with respect of any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

Annotations

Commencement

I1: Sch. 10 para. 8 in force at 10.8.2016, see art. 1