2.43.4.1  General principle

The Minor Modification regime is intended to:

•  better facilitate and more efficiently give effect to Minor Modifications; and

•  ease the administrative burden on Project Co and the State in the implementation of Minor Modifications.

Any Minor Modification is a Change Compensation Event and the Change Compensation Principles will apply for the purposes of determining payment for the Minor Modification but no Change Notice or Change Response is required to be issued for the Minor Modification.

Project Co or the State may propose a Minor Modification. The receiving party must either:

•  accept the Minor Modification Proposal; 

•  reject the Minor Modification Proposal; or

•  provide reasonable amendments to the Minor Modification Proposal.

Project Co and the State may agree to accumulate Minor Modifications on a monthly basis (or such other period as is agreed by the parties) by recording the proposed Minor Modifications by agreement on a register. 

In respect of any Minor Modification, Project Co will not be entitled to make any Claim for:

•  an extension of time to a Date for Acceptance or additional recurrent costs that may be incurred in performing the Services, as a consequence of a Minor Modification; or 

•  any impact the Minor Modification may have on the FFP Warranty.

If the State considers that the Minor Modification process is not meeting its intended purposes, the State may suspend the Minor Modification process. If the State issues a notice to Project Co to this effect, all Minor Modifications thereafter will be managed in accordance with the Modification regime, unless and until the State recommences the Minor Modification process by notice to Project Co.