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Fencing Act 1978  050
Commenced: 1 Apr 1979
III: Liability for Work on a Fence
14   Provision for doing work




   14. Provision for doing work---(1) Where a person serves notice under
 this Act in respect of work on a fence, he may proceed to do the work---
   (a) After the expiration of 21 days from the date of the service of
         the notice if he is not duly served with a cross-notice within
         that period; or
   (b) If before the expiration of the said period of 21 days he is duly
         served with such a cross-notice, as soon as all differences
         between the parties are resolved either by agreement or by the
         Court.

   (2) If the person who served the notice fails to commence to do the
 work within 28 days commencing on the day on which he first became
 entitled to commence the work or such longer period as may be agreed to
 by the parties or fixed by the Court (in this section referred to as the
 prescribed period) either party may thereupon, or at any time within 90
 days thereafter, proceed to do the work.

   (3) If the party who last proceeded to do the work fails for a period
 of 28 days to carry out the work with due diligence, the other party may
 proceed to complete the work.

   (4) If for any period of 90 days after the expiration of the
 prescribed period and before the completion of the work neither party
 does any part of the work, all notices, cross-notices, agreements, and
 orders relating to the work (other than agreements and orders to which
 subsection (5) of this section applies) shall, in relation to the
 uncompleted part of the work, lapse and become of no effect, but nothing
 in this subsection shall restrict the giving of further notices and
 cross-notices or the making of further agreements or orders.

   (5) At any time before or after the expiration of any period of 90
 days to which subsection (2) or subsection (4) of this section applies,
 the period may be extended either by agreement of the parties or order
 of the Court.

   (6) Where in accordance with this section either party does any work
 on a fence, he may recover from the other party as a debt the other
 party's proportion of the cost of the work done.
     Cf. 1908, No. 61, s. 17
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