31.5  Variations to the approved Minor Works Price

If:

(a)  (Estimate): the State or the Operator (as applicable) agree in accordance with clause 31.2(b)(i)A that the Minor Works Price identified in the Minor Works Quote is an estimate (and not a fixed lump sum price) and the actual costs incurred in respect of the Minor Works implemented in accordance with clause 31.2(e) are likely to exceed the estimate of the Minor Works Price identified in the Minor Works Quote approved under clause 31.2(c):

(i)  (exceeding estimate): Project Co must ensure that the Services Contractor, prior to exceeding the approved estimate of the Minor Works Price, advises the State and the Operator directly that the estimate of the Minor Works Price is likely to be exceeded and the amount by which it proposes the estimate of the Minor Works Price will be exceeded and the reasons for this; and

(ii)  (confirmation): the State must advise, or must procure that the Operator advises, the Services Contractor within 48 hours of receiving the information required to be provided under clause 31.5(a)(i), whether the State Representative approves the additional or adjusted Minor Works Price and the Services Contractor must not proceed with the additional Minor Works until such time as such approval is received;

(b)  (no approval to exceed): the State or the Operator does not approve the additional or adjusted Minor Works Price referred to in clause 31.5(b):

(i)  the State or the Operator (as applicable) may direct the Services Contractor to immediately discontinue the Minor Works;

(ii)  Project Co must ensure that the Services Contractor immediately discontinues the Minor Works; and

(iii)  subject to clause 31.8, Project Co must (if applicable) pay the Services Contractor the Minor Works Price for the Minor Works actually undertaken by the Services Contractor, and any actual reinstatement costs properly and reasonably incurred and directly attributable to the Minor Works undertaken, up to the date of any such direction and up to the amount of the approved estimate of the Minor Works Price; or

(c)  (approval to exceed): the State or the Operator approves the additional or adjusted Minor Works Price, the State will pay or will procure that the Operator pays the Services Contractor any amount determined in accordance with clause 31.8.