Common use of Rectification Notice Clause in Contracts

Rectification Notice. ‌ (1) Within twenty (20) business days of inspecting the Works set out in a Completion Notice Council must provide notice in writing (Rectification Notice) to the Developer that the Works set out in the Completion Notice:‌ (a) have been Completed; or (b) have not been Completed, in which case the notice must also detail: (i) those aspects of the Works which have not been Completed; and (ii) the work Council requires the Developer to carry out in order to rectify the deficiencies in those Works. (2) If Council does not provide the Developer with a Rectification Notice in accordance with paragraph (1), the Works set out in the Completion Notice will be deemed to have been Completed. (3) Where Council serves a Rectification Notice on the Developer, the Developer must: (a) rectify the Works in accordance with that notice; or‌ (b) serve a notice on the Council that it disputes the matters set out in the notice.‌ (4) Where the Developer: (a) serves notice on Council in accordance with paragraph (3)(b), the dispute resolution provisions of this document apply; or (b) rectifies the Works in accordance with paragraph (3)(a), it must serve upon the Council a new Completion Notice for the Works it has rectified.

Appears in 1 contract

Sources: Planning Agreement

Rectification Notice. (1a) Within twenty (20) business days of inspecting the Works set out in a Completion Notice Council must provide notice in writing (Rectification Notice) to the Developer that the Works set out in the Completion Notice:‌Notice: (ai) have been Completedcompleted; or (bii) have not been Completedcompleted, in which case the notice must also detail: (iA) those aspects of the Works which have not been Completedcompleted; and (iiB) the work Council requires the Developer to carry out in order to rectify the deficiencies in those Works. (2b) If Council does not provide the Developer with a Rectification Notice in accordance with paragraph (1a), the Works set out in the Completion Notice will be deemed to have been Completedcompleted and acceptable to Council. (3c) Where Council serves a Rectification Notice on the Developer, the Developer must: (ai) rectify the Works in accordance with that notice; or‌or (bii) serve a notice on the Council that it disputes the matters set out in the notice.‌notice. (4d) Where the Developer: (ai) serves notice on Council in accordance with paragraph (3)(bc)(ii), the dispute resolution provisions of this document Agreement apply; or (bii) rectifies the Works in accordance with paragraph (3)(ac)(i), it must serve upon the Council a new Completion Notice for the Works it has rectified.

Appears in 1 contract

Sources: Planning Agreement

Rectification Notice. (1) Within twenty (20) business days of inspecting the Works set out in a Completion Notice Council must provide notice in writing (Rectification Notice) to the Developer that the Works set out in the Completion Notice:‌Notice: (a) have been Completed; or (b) have not been Completed, in which case the notice must also detail: (i) those aspects of the Works which have not been Completed; and (ii) the work Council requires the Developer to carry out in order to rectify the deficiencies in those Works. (2) If Council does not provide the Developer with a Rectification Notice in accordance with paragraph (1), and the development consent provide no alternate completion process then the Works set out in the Completion Notice will be deemed to have been Completed. (3) The Rectification Works are not deemed Complete until the Works within the Rectification Notice are inspected and approved by Council and written notice is issued to that effect to the Developer. (4) Council may issue a further Rectification Notice on the Developer if the works are unsatisfactory. Where Council serves a Rectification Notice on the Developer, the Developer must: (a) rectify the Works in accordance with that notice; or‌or (b) serve a notice on the Council that it disputes the matters set out in the notice.‌notice. (45) Where the Developer: (a) serves notice on Council in accordance with paragraph (3)(b4)(b), the dispute resolution provisions of this document apply; or (b) rectifies the Works in accordance with paragraph (3)(a4)(a), then within ten (10) business days of rectification, it must serve upon the Council a new Completion Notice for the Works it has rectified.

Appears in 1 contract

Sources: Planning Agreement

Rectification Notice. (1) Within twenty five (205) business days of inspecting the Works set out in a Completion Notice Council must provide notice in writing (Rectification Notice) to the Developer that the Works set out in the Completion Notice:‌Notice: (a) have been Completed; or (b) have not been Completed, in which case the notice must also detail: (i) those aspects of the Works which have not been Completed; and (ii) the work Council requires the Developer to carry out in order to rectify the deficiencies in those Works. (2) If Council does not provide the Developer with a Rectification Notice in accordance with paragraph (1), the Works set out in the Completion Notice will be deemed to have been Completed. (3) Where Council serves a Rectification Notice on the Developer, the Developer must: (a) rectify the Works in accordance with that notice; or‌or (b) serve a notice on the Council that it disputes the matters set out in the notice.‌notice. (4) Where the Developer: (a) serves notice on Council in accordance with paragraph (3)(b), the dispute resolution provisions of this document apply; or (b) rectifies the Works in accordance with paragraph (3)(a), it must serve upon the Council a new Completion Notice for the Works it has rectified.

Appears in 1 contract

Sources: Planning Agreement