19.3.1  Right to request

(a)  Government may at any time request a Modification to the facility by serving a notice on the private party. Government will provide the private party with sufficient detail of the required Modification to enable the private party to quantify the effects and costs in its proposal (see section 19.3.2 below).

(b)  If the private party considers a government request constitutes a Modification, the private party will be required to notify government of this prior to proceeding with the Modification. A determination will then be made as to whether the request constitutes a government‑initiated Modification and whether government wishes to proceed with that request.

(c)  If the private party fails to notify government in accordance with paragraph (b), it will have no entitlement to claim for any Compensation or Relief in respect of that Modification.

(d)  In some jurisdictions, a government-initiated Modification would include the situation where, in the case of delay due to a Relief Event or other specified events, government requires the private party to accelerate the works instead of extending time to the extent possible as it may not be possible to make up all the lost time via acceleration (refer to Chapter 16 (Relief Events)).