Funding
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The survey is to be funded on an equitable basis - taking into account many factors.
These will include the existing contract provisions, the private sector’s commitment to rectify the survey findings, and any relief granted by the public sector.
Equal v Equitable
Allocating survey costs equally means each party paying the same, equal share.
Allocating survey costs equitably requires that each parties’ circumstances and wider commercial arrangements are taken into account.
If the public sector is giving relief in respect of the survey findings, this will be a key consideration in determining an equitable basis for payment of the surveyor’s fees.
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