19.2  Right to Open Up

19.2.1  Subject to clause 19.2.2, the Authority's Representative108 shall have the right at any time prior to the Services Availability Date for a Station to request the Contractor to open up and inspect any part or parts of the Works at that Station 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.

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 caused to the Works by the exercise of such rights shall, subject to (and in accordance with) the provisions of clause 16 (Extensions of Time), 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 clause 67 (Dispute Resolution).

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 shall not in any way affect the obligations of the Contractor under this Agreement save as expressly set out in this clause 19.

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108 If the Building Contractor appoints an Employer’s Agent then subject to the Authority approving the terms of appointment and scope of services, if such an entity provided a suitable Collateral Warranty the Authority ought to consider relying on the Employer’s Agent’s ability to open up the Works.