56TUtility liable for delay costs

56T Utility liable for delay costs

(1) If the failure of a Utility to notify the Link corporation of Utility infrastructure caused the Link corporation to incur costs as a result of a delay in carrying out Link Upgrade construction work, the Utility is liable to pay those costs to the Link corporation.

(2) A Utility is liable for costs under this section on the basis that the Link corporation makes all reasonable efforts to mitigate its loss.

(3) If the Link corporation does not make all reasonable efforts to mitigate its loss, the Utility is only liable for the costs that would have been incurred if the Link corporation had made all reasonable efforts to mitigate its loss.

S. 56U inserted by No. 81/2006 s. 72.