Right to Open Up

18.3  Subject to Clause 18.4, the Board's Representative shall have the right at any time prior to the Actual Completion Date to request Project Co to open up and inspect any part or parts of the Works where the Board's Representative reasonably believes that such part or parts of the Works is or are defective and Project Co shall comply with such request.

18.4  Prior to exercising his right pursuant to Clause 18.3 above, the Board's Representative shall notify Project Co of his intention to exercise such right, setting out detailed reasons.

18.5  If, following the exercise by the Board's Representative of his right pursuant to Clause 18.3, the inspection shows that the relevant part or parts of the Works are not defective any delay caused to the Works by the exercise of such rights shall, subject to (and in accordance with) the provisions of Clause 41 (Delay Events), be treated as a Delay Event.

18.6  If, following the exercise by the Board's Representative of his right pursuant to Clause 18.3, the inspection shows that the relevant part or parts of the Works is or are defective, Project Co shall rectify and make good such defect(s) and any consequence of such rectification and/or making good defect(s) shall be carried out by Project Co at no cost to the Board and Project Co shall not be entitled to any extension of time in relation to such rectification and making good of the Works.

18.7  If, following the exercise by the Board's Representative of his right pursuant to Clause 18.3, the Board's Representative is of the opinion that the inspection shows that the relevant part or parts of the Works is or are defective and Project Co does not agree with such opinion, the matter shall be determined in accordance with Part 26 of the Schedule (Dispute Resolution Procedure).

18.8  Without prejudice to the rights of the Board's Representative pursuant to this Clause 18 the parties acknowledge that the exercise of such rights shall not in any way affect the obligations of Project Co under this Agreement save as expressly set out in this Clause 18.