19.2  Right to Open Up

19.2.1  Subject to Clause 19.2.2 (and provided that in so doing the Authority uses reasonable endeavours to minimise disruption to the carrying out of the Works), the Authority's Representative shall have the right at any reasonable time prior to the date upon which the Readiness Test Certificate is issued to request the Contractor to open up and inspect any part or parts of the Works where the Authority's Representative reasonably believes that such part or parts of the Works is or are defective and the Contractor shall comply with such request.

19.2.2  Prior to exercising his right pursuant to Clause 19.2.1 above, the Authority's Representative shall notify the Contractor of his intention to exercise such right, setting out detailed reasons and providing reasonable prior notice.

19.2.3  If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.1, the inspection shows that the relevant part or parts of the Works are not defective, any delay or increased costs caused to the Works by the exercise of such rights shall, subject to (and in accordance with) the provisions of Clause 39 (Compensation Events), be treated as a Compensation Event.

19.2.4  If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.1, the inspection shows that the relevant part or parts of the Works is or are defective, the Contractor 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 the Contractor at no cost to the Authority and the Contractor shall not be entitled to any extension of time in relation to such rectification and making good of the Works.

19.2.5  If, following the exercise by the Authority's Representative of his right pursuant to Clause 19.2.1, the Authority's Representative is of the opinion that the inspection shows that the relevant part or parts of the Works is or are defective and the Contractor does not agree with such opinion, the matter shall be determined in accordance with Schedule 22 (Dispute Resolution Procedure).

19.2.6  Without prejudice to the rights of the Authority's Representative pursuant to this Clause 19.2 the Parties acknowledge that the exercise of such rights pursuant to this Clause 19.2 shall not in any way affect the obligations of the Contractor under this Contract save as expressly set out in this Clause 19.