The Hirwaun Generating Station Order 2015

Suspension of works

53.  DCC shall be entitled to instruct the undertaker to suspend the works if in DCC’s reasonable opinion the actions of the undertaker, or those of its contractor(s) or subcontractor(s) in carrying out the works, have caused damage to any DCC apparatus and/or are likely to cause or result in damage to any DCC apparatus and/or have caused or are likely to cause damage to the environment arising as a result of damage to DCC apparatus. In the event of such instruction being given by DCC—

(a) the undertaker shall procure that it and its contractor(s) and subcontractor(s) shall forthwith suspend or cease the works having due regard to health and safety factors and shall discuss and agree with DCC the remedial actions required prior to resuming the works;

(b) the undertaker and DCC shall act reasonably and without delay in discussing and agreeing any remedial actions required prior to resuming the works;

(c) DCC shall submit to the undertaker within 3 days following the suspension, a written notice specifying the reasons for suspending the works;

(d) in the event that DCC fails to supply the written notice within 3 days of suspension DCC’s instruction to suspend the works shall be void and the undertaker shall be entitled to recommence the works; and

(2) DCC shall commence, carry out and complete any remedial works pursuant to sub-paragraph 53(a), as soon as reasonably practicable and DCC shall give the undertaker notice immediately upon completion of such remedial works and on receipt of such notice the undertaker shall be entitled to resume the works.

(3) DCC shall be entitled to reclaim all reasonable costs of all remedial works undertaken in accordance with this paragraph 53.