Project Co is liable for all Site Conditions, other than where it is expressly stated otherwise in the PV Standard Project Deeds that Project Co will not be liable for Site Conditions.
The State will typically engage consultants to undertake site investigations prior to and during the RFP Phase and will release the information prepared by those consultants to Respondents. Where there are significant Site Condition risks, the State may invite Respondents to suggest any additional survey work for the State to undertake during the RFP Phase.
Where it is able to do so, the State will require its Site investigation consultants to provide a collateral warranty in favour of Project Co as to the accuracy of the information contained in their report and the skill and care used in the preparation of the reports. The State disclaims responsibility or Liability for the accuracy of the information contained in these reports and the skill and care used in the preparation of the reports and Project Co will have no Claim against the State in respect of the reports.