(a) Government will not be liable to the private party for any loss or damage which the private party suffers or incurs as a result of the discovery of artefacts at the site. However, the private party will be entitled to Relief and Compensation where delays arise, or additional costs are incurred (by the private party), as a direct result of any government, court or tribunal direction to suspend or cease all or any part of the works or services because of the discovery of an artefact (provided the cessation order does not result from a private party breach of its obligations in dealing with discovered artefacts).
(b) However, in some circumstances, the private party may be required to carry the delay risk in respect of discovery of artefacts for a specified period before being entitled to Relief or Compensation. This is particularly the case if there is a high likelihood of artefacts being discovered. Whether the private party will be required to carry this risk - and the length of any specified period - will be considered on a project-specific basis depending on government's assessment of the nature of the site, the likelihood of the event occurring and the value-for-money obtainable if the private party prices the risk of such an event occurring.