3.  CONSULTANT'S WARRANTY AND LIABILITY

3.1.  The Consultant warrants to the Authority that it has carried out and will continue to carry out its duties under the Appointment in accordance with the Appointment and that it has exercised and will continue to exercise in the performance of those duties the reasonable skill care and diligence to be expected of a properly qualified member of its profession experienced in carrying out duties such as its duties under the Appointment in relation to works of similar scope, nature and complexity to the Works.

3.2.  The Consultant 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 Construction Sub-Contractor under the Appointment, 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 Appointment 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 Consultant under this Deed shall cease and determine, save in relation to any claims made by the Authority against the Consultant and notified by the Authority to the Consultant in writing prior thereto.