Section 278 Agreement: Notice Of Default (Council To Developer)
Publisher one
Genie AIJurisdiction
England and WalesRelevant sectors
Type of legal document
📄 Section 278 agreementBusiness activity
Send default noticeA Section 278 agreement is a legal agreement between a developer and a local authority that sets out the terms and conditions under which the developer can carry out work on a public highway. The agreement will cover things like the timing of the work, the type of work that can be carried out, and any restrictions that the local authority imposes on the work.
This template provides the necessary framework for the local authority to formally notify the developer when they are in breach of their obligations or have failed to adhere to the terms outlined in the Section 278 Agreement. The notice of default serves as a formal communication, triggering certain legal consequences to rectify the default and ensuring the progress of the development project.
The agreement may specify different types of defaults, such as failure to complete works within the agreed timeframe, failure to provide required documentation, financial defaults, or non-compliance with relevant regulations. The notice of default describes the specific nature of the breach, the corresponding clause or provision of the Section 278 Agreement that has been violated, and the necessary steps to rectify the default.
The template also highlights the potential consequences of the default, which could include financial penalties, suspension of the development project, or even termination of the Section 278 Agreement. It may also outline the dispute resolution process in case the developer wishes to contest the notice of default or negotiate alternative solutions.
This legal template is designed to provide clarity, structure, and consistency in addressing defaults under a Section 278 Agreement, ensuring that both parties are aware of their rights, obligations, and the necessary steps to remedy any breach. It is intended to serve as a guide for local authorities in maintaining accountability and enforcing compliance with the terms of the agreement between the council and the developer.
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