Determinations of the Independent Reviewer are final and binding, meaning that the parties are not able to have the decision reviewed except:
• under clause 2.18, where there is a manifest error; and
• where there is an express provision otherwise in the Project Deed, including determinations:
- of extensions of time by the Independent Reviewer (clause 26.21);
- of the Independent Reviewer in relation to the review of progress (clause 26.4);
- of the Independent Reviewer in relation to Defects (clause 27.8); and
- of extensions of time by the Independent Reviewer in relation to a Modification (clause 35.8).
This approach is taken for a number of reasons including:
• the Independent Reviewer is by nature an independent party appointed by both parties, and is experienced and professional with a thorough understanding of the Project; and
• in order for the Independent Reviewer to be able to properly perform its role and for the Project to proceed efficiently.