27.8  Disputed Defects

(a)  (Dispute): If Project Co disagrees:

(i)  that anything alleged by the Independent Reviewer or by the State to be a Defect or possible Defect in the Works, the Maintained Assets or the Returned Assets, under clauses 27.1(b), 27.1(c) or 27.7(b) is a Defect

(ii)  with any determination by the Independent Reviewer under clauses 27.6(b), 27.7(d) or 27.7(h)(i)

(iii)  any conditions imposed by the State in accordance with clauses 27.6(c)(iv) or 27.7(i)(ii); or

(iv)  with a determination by the State of the changes that will be deemed to be made to this Deed to reflect the acceptance of the Defect by it in accordance with clauses 27.6(c)(v) or 27.7(i)(iii)

Project Co must notify the State and the Independent Reviewer of such disagreement not later than 10 Business Days after Project Co receives the relevant notice or determination, and the State and Project Co must use reasonable endeavours to resolve the disagreement.

(b)  (Determination by Independent Reviewer): If the disagreement is not resolved within 10 Business Days after the notice given by Project Co under clause 27.8(a) and the disagreement is in respect of any notice or determination by the State under clauses 27.1(c), 27.6(c)(iv), 27.6(c)(v), 27.7(b), 27.7(i)(ii) or 27.7(i)(iii), either party may, by notice to the other party and the Independent Reviewer refer the matter for determination by the Independent Reviewer, who must, within 20 Business Days after the date of the notice referring the matter to the Independent Reviewer, make a determination as to the matter and notify the parties of its determination and reasons, in which case, the parties must comply with that determination.

(c)  (Determination by expert): If:

(i)  the disagreement is in respect of any:

A.  notice given by the Independent Reviewer under clauses 27.1(b) or 27.7(b); or

B.  determination by the Independent Reviewer under clauses 27.6(b), 27.7(d), 27.7(h)(i) or 27.8(b); or

(ii)  the Independent Reviewer is no longer engaged in respect of the Project,

either party may, by notice to the other party, refer the matter to expert determination in accordance with clause 48.1, provided that, if applicable, the party disputing any Independent Reviewer's determination or notice gives a notice to the other party within 10 Business Days after the Independent Reviewer's determination.