3.  CONSTRUCTION SUB-CONTRACTOR'S WARRANTY AND LIABILITY

3.1.  The Construction Sub-Contractor warrants to the Authority that it has carried out and will continue to carry out its duties under the Construction Sub-Contract in accordance with the Construction Sub-Contract and that it has exercised and will continue to exercise, in carrying out the design of the Works, the level of skill and care reasonably to be expected from an appropriately qualified and competent professional designer providing those services in relation to a project of a similar size and scope to the Works.  In particular and without limiting the generality of the foregoing the Construction Sub-Contractor covenants with the Authority that it has carried out and will carry out and complete the Works in accordance with the Construction Sub-Contract and duly observe and perform all its duties and obligations thereunder;

3.2.  The Construction Sub-Contractor shall be entitled in any action or proceedings by the Authority to raise equivalent rights in defence of liability (except for set off or counterclaim) as it would have against the Contractor under the Construction Sub-Contract, and shall have no liability under this Deed that is of greater or of longer duration than it would have had if the Authority had been a party to the Construction Sub-Contract as joint employer.  Upon the expiration of twelve (12) years from the date of completion of the Works in accordance with the Construction Sub-Contract, the liability of the Construction Sub-Contractor under this Deed shall cease and determine, save in relation to any claims made by the Authority against the Construction Sub-Contractor and notified by the Authority to the Construction Sub-Contractor in writing prior thereto.

3.3.  The Construction Sub-Contractor shall have no liability to the Authority in respect of any delay in the completion of the Works howsoever caused save to the extent that the liability arises under the Construction Sub-Contract and the Authority shall have exercised its right to step in under clause 10.  Any claim in relation to a delay in completion of the Works but not otherwise will be extinguished to the extent that the Construction Sub-Contractor has had deducted liquidated damages under clause [             ] of the Construction Sub-Contract.