SCHEDULES
SCHEDULE 15PROTECTIVE PROVISIONS
PART 6FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES
Default
schedule 15 paragraph 95 95.—(1) If the undertaker fails to complete or maintain the specified works in accordance with this Part of this Schedule the local highway authority (including its own employees or by contractors or otherwise) may after not less than thirty (30) working days’ notice in writing to the undertaker to carry out the specified works or any such part or parts thereof as is or are not completed by the undertaker in accordance with this Part of this Schedule and the undertaker must within twenty (20) working days of written demand pay to the local highway authority the total amount of the reasonable costs and expenses incurred or to be incurred by the local highway authority in completing the specified works or if such payment is not made the local highway authority must recover the total amount of the reasonable costs from the cash deposit in accordance with paragraph 100 of this Part of this Schedule.
(2) In the event of the local highway authority executing the specified works pursuant to sub-paragraph (1) the undertaker must remove any temporary buildings, plant, tools, equipment, goods and materials belonging to or hired by it and in the event of any failure to do so the local highway authority may sell or otherwise dispose of such items and from the proceeds of sale of any such items the local highway authority may retain any costs or expenses incurred in connection with such sale and disposal and may apply any surplus in set off against any costs and expenses incurred pursuant to sub-paragraph (1) before accounting to the undertaker.
(3) Without prejudice to sub-paragraph (1) the local highway authority may serve a cessation of works notice where in the local highway authority’s reasonable opinion all or any part of the specified works are being carried out in breach of the terms of this Part of this Schedule.
(4) The undertaker must forthwith upon receipt of a cessation of works notice stop carrying out any works specified in that notice and must not recommence those works without the local highway authority’s prior written approval (which must not be unreasonably withheld or delayed) or until the local highway authority gives further notice to the undertaker withdrawing the cessation of works notice provided that in respect of any period of cessation of works arising out of a notice served the period provided for completion of the specified works referred to in paragraph 83 of this Part of this Schedule must be extended by an equivalent period.
(5) If within 20 working days after the undertaker requesting recommencement of the specified works following the receipt of a cessation of works notice pursuant to sub-paragraph (3) the local highway authority has not responded, the undertaker may recommence the specified works.