1  Review Procedure

1.1  The provisions of this Schedule (Review Procedure) shall apply whenever any item, documents or course of action are required to be reviewed, approved or otherwise processed in accordance with the Review Procedure.

1.2  Each submission under the Review Procedure shall be accompanied by a copy of the document to be reviewed (including, where applicable, any Reviewable Design Data) or a statement of the proposed course of action (the entire contents of a submission being referred to in the Schedule as a Submitted Item).  In relation to each Submitted Item, the following procedure shall apply:

1.2.1  as soon as possible and, if the Submitted Item comprises:

(a)  an item of Reviewable Design Data;

(b)  a revised Construction Programme; or

(c)  a document or proposed course of action submitted in the case of an emergency,

1.2.2  within ten (10) Business Days of the date of receipt of a submission (or re-submission, as the case may be) of the Submitted Item to the Authority's Representative (or such other period as the parties may agree), the Authority's Representative shall return one (1) copy of the relevant Submitted Item to the Contractor endorsed "no comment" or (subject to and in accordance with paragraph 1.3) "comments" as appropriate; and  

1.2.3  if the Authority's Representative fails to return a copy of any Submitted Item (including any re-submitted Submitted Item) duly endorsed in accordance with paragraph 1.2, within ten (10) Business Days (or within such other period as the parties may agree in writing) of the date of its submission to the Authority's Representative, then the Authority's Representative shall be deemed to have returned the Submitted Item to the Contractor endorsed "no comment" (and, in the case of the Reviewable Design Data, endorsed "Level A - no comment").

1.3  If the Authority's Representative raises comments on any Submitted Item in accordance with this paragraph 1.3 he shall state the ground upon which such comments are based and the evidence or other information necessary to substantiate that ground.  To the extent that the Authority's Representative comments on a Submitted Item other than on the basis set out in this Schedule, or fails to comply with the provisions of this paragraph, the Contractor may, in its discretion, either:

1.3.1  request written clarification of the basis for such comments and, if clarification is not received within five (5) Business Days of such request by the Contractor, refer the matter for determination in accordance with the Dispute Resolution Procedure; or

1.3.2  at its own risk, and without prejudice to clause 14 (Design Development) proceed with further design or construction disregarding such comments.