[2024] EWHC 1435 (TCC)

Objections to Proposals

Within 30 days after receipt of either the Notice or, if later, the provision of the evaluation by PFIC of the Proposal given by the Agency in accordance with paragraph 1.5 above, the recipient of the Notice shall either accept or reject the Notice giving details of the grounds for any objection and where appropriate, suggesting alternative proposals.

If either party considers that verification of a Relevant Cost or Relevant Saving will be required by way of long term monitoring, it will give notice to that effect to the other party within the 30 days referred to in Schedule 12 paragraph 1.6(a) and the provisions of Schedule 12 paragraph 2 (monitoring of costs/savings) shall apply.

Where PFIC gives a Notice pursuant to Schedule 12 paragraph 1, the Agency will evaluate the Proposal in good faith and will not refuse to agree to the implementation of any Proposal which is:-

((i) – (xi))

Subject to the foregoing, the Agency will have the right to refuse a Proposal which would compromise the delivery of the Flood Defence Services or result in an unacceptable diminution of the quality of such Services.

To the extent that in the Agency’s reasonable opinion a reduction in Service Levels would obviate the necessity for any given Proposal, the Agency shall have the right to reduce the Service Levels to that extent by serving a Notice pursuant to Schedule 12 paragraphs 1.2(c) and 1.5

Implementation

Upon agreement or determination in accordance with the Disputes Resolution Procedure of a Proposal, PFIC (or, as the case may be, the Agency) must procure that the Proposal is implemented in accordance with the terms of that agreement or determination. For the avoidance of doubt, the Proposal must be implemented at the cost so agreed or determined notwithstanding that the actual cost of implementation may be higher than such cost.