10.1  Construction obligations

The obligations set out in section 9.2 of Chapter 9 (Design) as to fitness for purpose also apply to construction of the facility. The private party must also ensure the project works are constructed:

(a)  according to the Project Contracts, design documentation and any valid Modifications; and

(b)  with good workmanship and materials, free from defects/imperfections and to the standard specified in the Output Specifications or, where this is absent, the best equivalent industry standard.

The private party is not relieved of any of its construction obligations and liabilities under the project agreement by the private party sub-contracting the performance of any works.33

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33 See Chapter 27 (Sub-contractors)