3.2.4 A stronger contract in relation to the definition of the responsibilities of the Independent Certifier in terms of the actual level of inspection of construction required may however have had a positive impact. The evidence to the Inquiry indicated that quite different approaches were adopted in the practical exercise of these responsibilities by the different Independent Certifiers for Phase 1 and Phase 2 of the construction of the PPP1 schools despite the use of the same terms of appointment, although in their roles as Independent Certifier neither approach succeeded in identifying the defects in the construction of the external walls.
3.2.5 It is the view of the Inquiry that there should be greater clarity for clients as to the level of scrutiny that Independent Certifiers are required to carry out and the degree of reliance they can reasonably place on the issue of Availability Certificates as evidence that the quality of construction is fully compliant with the Project Requirements. In this regard the Contract was considered to be less than totally clear.