Victorian Consolidated Legislation

Melbourne City Link Act 1995 - SECT 56T

Utility 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.