3  Design Review

3.1  For the avoidance of doubt, nothing in this paragraph 3 or elsewhere in this Deed shall impose any design liability on the Independent Certifier, and any design liability shall remain with the parties responsible for such design under the Project Agreement. The Services required under this paragraph 3 shall be supervisory in nature and shall not require the Independent Certifier to approve (or otherwise) the suitability of the design under the Project Agreement.

3.2  The Independent Certifier shall:

(a)  Monitor and report upon the implementation of the Design and Construction Quality Plan for the construction, structural and engineering services design for the Project.

(a)  Monitor the detailed working drawings and specifications for a sample number and type of rooms which in his professional judgment is appropriate to be selected by the Independent Certifier to verify that they comply with the Approved RDD as described in the Project Agreement.  The Independent Certifier has indicated that in normal circumstances [twenty-five percent (25%)] of rooms should be sampled.  If in the professional judgment of the Independent Certifier, because of the results of its sample or other circumstances a different sampling percentage is appropriate, he shall provide a detailed report in respect of that and, if so agreed (or determined as between the Service Provider and the Authority by the Dispute Resolution Procedure) any change in the percentage sampling resulting in a change in fees will be borne by the Service Provider and the Authority as they shall agree or as determined by the Dispute Resolution Procedure.

(b)  [Review the detailed design information for any approved design or specification Changes for compliance with the performance and quality standards of the Project Agreement the Contractor Quality Plan.