19th August 2013, 12:46 PM
ecmgardner Wrote:I'm fascinated though that it's the developer that has legal liability here as I would have thought part of the contract with the archaeological contractor would have been the production of a report, and I would have assumed in that case they would have been blaming the archaeological sub-contractor and passing on legal liability?
Seeing as the Developer sought and secured the Consent, it is they who are responsible for any breaches of the Conditions. However, I'm sure they will want to seek separate action against their archaeological contractor if this is due to a failure by said archaeologists to complete their contractual obligations. (And I have no idea about the true details of this case - for all I know this could be a mere "shot across the bows" formality, and the PX might be well in hand...) But I agree the £1000 penalty seems aweful cheap!