9.3.2  Preconditions to construction

The private party may not commence construction of any discrete works package unless the design documentation relating to that package has reached a pre-agreed stage of development and:

(a)  it has submitted that design documentation package to the government and independent verifier;

(b)  it has certified that design documentation package complies with all requirements of the Project Contracts and enclosed further certifications from the designer as to the design documentation's compliance;

(c)  the government has had an opportunity to review and comment on that design documentation package; and

(d)  the independent verifier has verified that that design documentation package complies with the Project Contracts and that any comments by the government have been addressed by the independent verifier.31

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31 In some jurisdictions the private party may be permitted to proceed with construction, at its own cost and risk, notwithstanding the opinion of the independent verifier.