16.3.2  Determination

(a)  In certain projects, an independent certifier, rather than the Project Director, may be used to determine the private party's entitlements to Relief in respect of a Relief Event during the design and construction phase. This is particularly the case where an independent certifier is appointed to monitor the progress of the works in accordance with section 10.5.4 of Chapter 10 (Construction and Completion), given their relevant expertise and knowledge of the time related aspects of the project.

(b)  If the Project Director determines the entitlement to Relief, then he/she must do so acting reasonably and, if disputed, the matter will be referred to an independent expert for resolution.