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 Building Contractor under the Appointment.  Upon the expiration of 12 years from the date of completion of the Works in accordance with the Building 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.