16.7  Right to open up

Subject to clause 16.7(b), the Authority Representative shall have the right at any time prior to the Actual Completion Date to request the Service Provider to open up and inspect any part or parts of the Works where the Authority Representative reasonably believes that such part or parts of the Works is or are defective and the following provisions shall apply:

(a)  the Service Provider shall comply with any such request made by the Authority Representative;

(b)  prior to exercising his right pursuant to this clause 16.7, the Authority Representative shall notify the Service Provider in writing of his intention to exercise such right, setting out detailed reasons;

(c)  if the inspection shows that the relevant part or parts of the Works are not defective any delay caused to the Works by the exercise of such rights shall be treated as a Relief Event;

(d)  if the inspection shows that the relevant part or parts of the Works is or are defective, the Service Provider shall rectify and make good such defect(s) and any consequence of such rectification and/or making good defect(s) shall be carried out by the Service Provider at no cost to the Authority and the Service Provider shall not be entitled to any extension of time in relation to such rectification and making good of the Works;

(e)  if the Authority Representative is of the opinion that the inspection shows that the relevant part or parts of the Works is or are defective and the Service Provider does not agree with such opinion, the matter shall be determined in accordance with the Dispute Resolution Procedure; and

(f)  without prejudice to the rights of the Authority Representative pursuant to this clause 16, the parties acknowledge that the exercise of such rights shall not in any way affect the obligations of the Service Provider under this Agreement, save as expressly set out in this clause 16.