The M42 Junction 6 Development Consent Order 2020

37.—(1) Any specified work must, when commenced, be constructed— E+W

(a) without unreasonable delay in accordance with the plans approved or deemed to have been approved or settled under paragraph 36 unless otherwise agreed in writing between the company and the undertaker;

(b) under the supervision (where appropriate and if given) and to the reasonable satisfaction of the company’s engineer; and

(c) in such manner as to cause as little damage as is possible to the HS2 land.

(2) If any such damage is caused by the carrying out of, or in consequence of the construction of, a specified work, the company may inspect the damage and either—

(a) direct that the undertaker, regardless of any approval described in paragraph 36(1), make good such damage and pay to the company all reasonable expenses to which the company may be put and compensation for any costs or losses which it may sustain by reason of any such damage; or

(b) except in relation to HS2 land vested in the undertaker, elect to make good such damage itself and recover from the undertaker all reasonable expenses to which the company may be put and compensation for any costs or losses which it may sustain by reason of any such damage.

(3) Nothing in this Part of this Schedule imposes—

(a) any liability on the undertaker with respect to any damage, costs, expenses or loss attributable to the negligence of the company or its servants, contractors or agents; or

(b) any liability on the company with respect to any damage, costs, expenses or loss attributable to the negligence of the undertaker or its servants, contractors or agents.

Commencement Information

I1 Sch. 12 para. 37 in force at 11.6.2020, see art. 1