3  Subcontractor's Warranty And Liability

3.1  The Subcontractor warrants to the Authority that it has carried out and will continue to carry out its duties under the Subcontract in accordance with the Subcontract 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 Subcontractor covenants with the Authority that it has carried out and will carry out and complete the Works in accordance with the Subcontract and duly observe and perform all its duties and obligations thereunder;

3.2  The Subcontractor 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 Building Contractor under the Subcontract.  Upon the expiration of 12 years from the date of completion of the Works in accordance with the Subcontract, the liability of the Subcontractor under this Deed shall cease and determine, save in relation to any claims made by the Authority against the Subcontractor and notified by the Authority to the Subcontractor in writing prior thereto.