Common use of Construction Review Clause in Contracts

Construction Review. The Independent Tester will: Visit the Site(s) and monitor the Works for their compliance with the D&C Requirements and the Approved RDD. The frequency and timing of the Independent Tester's visits are dependent on the progress of Construction on Site(s). The D&C Co. will agree a programme with the Independent Tester for the inspection of key construction processes and the completed [phases of the] Works and will give the Independent Tester advance notice of these Works being carried out on Site. The Independent Tester will identify any aspect of the Works which needs to be inspected before being covered over by subsequent activity so that he may satisfy himself that these have been constructed in accordance with the Construction Programme and the D&C Requirements without the need for opening up. Randomly check that the Works are being undertaken in accordance with the D&C Requirements that has been agreed by the Authority and PPP Co.. Review the written mechanical and electrical engineering services testing and Commissioning Procedure. Undertake selective witnessing of the mechanical and electrical services testing and commissioning. The Independent Tester has indicated that these sampling proportions should amount to approximately [  ] percent [( %)]. The Independent Tester will review [  ] percent [(  %)] of all test results. If in the professional judgment of the Independent Tester, because of the results of witnessing (or because of other circumstances) a different sampling percentage is appropriate he will provide a detailed report in respect of that and any change in the percentage sampling resulting in a change of fees will be borne by PPP Co., the Authority or the D&C Co. as they will agree, failing such agreement, as determined by the Dispute Resolution Procedure. Inspect rectification works which have previously prevented the Independent Tester from certifying the Project as complete. Concurrent with the issue of the Certificate of Practical Completion, agree a list of Snagging Matters with PPP Co. together with its programme for implementation and issue a Snagging Notice in accordance with Clause 12.5 (Snagging Matters). Check the production of the relevant operating manuals, relevant approvals, test results, inspection records and as built drawings and monitor the timely handover of this documentation. Participation in Dispute Resolution As and when required by the Authority or PPP Co., the Independent Tester will participate in the Dispute Resolution Procedure of the Project Agreement (as such term is defined in the Project Agreement) to the extent that issues under the Project Agreement which have been referred to the said Dispute Resolution Procedure relate to the Independent Tester's other obligations and tasks as set out in this Appendix 1 and this Agreement. SCHEDULE 22 Appendix 2 Part 1 Schedule of Drawdown of Fees SCHEDULE 22 Appendix 2 Part 2 Schedule of Daily Rates [individual rates can be inserted here] SCHEDULE 22 Appendix 3 Tests on Completion to be witnessed by the Independent Tester SCHEDULE 23 –REQUIRED INSURANCE This Schedule 23 comprises four Parts-91

Construction Review. The Independent Tester willshall: Visit the Site(s) Site and monitor the Works for their compliance with the D&C Requirements Authority's Construction Requirements, Sub-hubco’s Proposals and the Approved RDDRDD24. The frequency and timing of the Independent Tester's visits are dependent on the progress of Construction construction on Site(s)Site. The D&C Co. will Contractor shall agree a programme with the Independent Tester for the inspection of key construction processes and the completed [phases Phases of the] Works and will shall give the Independent Tester advance notice of these Works being carried out on Site. The Independent Tester will shall identify any aspect of the Works which needs to be inspected before being covered over by subsequent activity so that he may satisfy himself that these have been constructed in accordance with the Construction Programme and the D&C Requirements Contractor's Quality Plan without the need for opening up. Randomly check that the Works are being undertaken in accordance with the D&C Requirements Construction Quality Plan that has been agreed by the Authority and PPP Co.. Sub-hubco. Review the written mechanical Mechanical and electrical Electrical engineering services testing and Commissioning Procedurecommissioning procedure. Undertake selective witnessing of the mechanical Mechanical and electrical Electrical services testing and commissioning. The Independent Tester has indicated that these sampling proportions should amount to approximately [  [fifty] percent [( %(50%)]. The Independent Tester will shall review [  [one hundred] percent [(  (100%)] of all test results. If in the professional judgment of the Independent Tester, because of the results of witnessing (or because of other circumstances) a different sampling percentage is appropriate he will shall provide a detailed report in respect of that and any change in the percentage sampling resulting in a change of fees will be borne by PPP Co.Sub-hubco, the Authority or the D&C Co. Contractor as they will shall agree, failing such agreement, as determined by the Dispute Resolution Procedure. Inspect rectification works which have previously prevented the Independent Tester from certifying the Project as complete. Concurrent with the issue of the Certificate of Practical Completion, agree a list of Snagging Matters with PPP Co. the Authority and Sub-hubco together with its programme for implementation and issue a Snagging Notice in accordance with Clause 12.5 (Snagging Matters)18 of the Design Build Finance and Maintain Agreement. Check the production of the relevant operating manuals, relevant approvals, test results, inspection records and as built drawings and monitor the timely handover of this documentation. Participation in Dispute Resolution As and when required by the Authority or PPP Co., the Independent Tester will participate in the Dispute Resolution Procedure of the Project Agreement (as such term is defined in the Project Agreement) to the extent that issues under the Project Agreement which have been referred to the said Dispute Resolution Procedure relate to the Independent Tester's other obligations and tasks as set out in this Appendix 1 and this Agreement. SCHEDULE 22 Appendix 2 Part 1 Schedule of Drawdown of Fees SCHEDULE 22 Appendix 2 Part 2 Schedule of Daily Rates [individual rates can be inserted here] SCHEDULE 22 Appendix 3 Tests on Completion to be witnessed by the Independent Tester SCHEDULE 23 –REQUIRED INSURANCE This Schedule 23 comprises four Parts-91.

Construction Review. The Independent Tester willshall: Visit the Site(s) Site and monitor the Works for their compliance with the D&C Requirements Authority's Construction Requirements, DBFM Co’s Proposals and the Approved RDD. RDD.28 The frequency and timing of the Independent Tester's visits are dependent on the progress of Construction construction on Site(s)Site. The D&C Co. will Contractor shall agree a programme with the Independent Tester for the inspection of key construction processes and the completed [phases Phases of the] Works and will shall give the Independent Tester advance notice of these Works being carried out on Site. The Independent Tester will shall identify any aspect of the Works which needs to be inspected before being covered over by subsequent activity so that he may satisfy himself that these have been constructed in accordance with the Authority’s Construction Programme Requirements and the D&C Requirements Contractor's Quality Plan without the need for opening up. Randomly check that the Works are being undertaken in accordance with the D&C Authority’s Construction Requirements and the Construction Quality Plan that has been agreed by the Authority and PPP Co.. DBFM Co. Review the written mechanical Mechanical and electrical Electrical engineering services testing and Commissioning Procedurecommissioning procedure. Undertake selective witnessing of the mechanical Mechanical and electrical Electrical services testing and commissioning. The Independent Tester has indicated that these sampling proportions should amount to approximately [  [fifty] percent [( %(50%)]. The Independent Tester will shall review [  [one hundred] percent [(  (100%)] of all test results. If in the professional judgment of the Independent Tester, because of the results of witnessing (or because of other circumstances) a different sampling percentage is appropriate he will shall provide a detailed report in respect of that and any change in the percentage sampling resulting in a change of fees will be borne by PPP Co.DBFM Co, the Authority or the D&C Co. Contractor as they will shall agree, failing such agreement, as determined by the Dispute Resolution Procedure. Inspect rectification works which have previously prevented the Independent Tester from certifying the Project as complete. Concurrent with the issue of the Certificate of Practical Completion, agree a list of Snagging Matters with PPP Co. the Authority and DBFM Co together with its programme for implementation and issue a Snagging Notice in accordance with Clause 12.5 (Snagging Matters)18 of the Design Build Finance and Maintain Agreement. Check the production of the relevant operating manuals, relevant approvals, test results, inspection records and as built drawings and monitor the timely handover of this documentation. Participation in Dispute Resolution As and when required by the Authority or PPP Co., the Independent Tester will participate in the Dispute Resolution Procedure of the Project Agreement (as such term is defined in the Project Agreement) to the extent that issues under the Project Agreement which have been referred to the said Dispute Resolution Procedure relate to the Independent Tester's other obligations and tasks as set out in this Appendix 1 and this Agreement. SCHEDULE 22 Appendix 2 Part 1 Schedule of Drawdown of Fees SCHEDULE 22 Appendix 2 Part 2 Schedule of Daily Rates [individual rates can be inserted here] SCHEDULE 22 Appendix 3 Tests on Completion to be witnessed by the Independent Tester SCHEDULE 23 –REQUIRED INSURANCE This Schedule 23 comprises four Parts-91.

Construction Review. The Independent Tester willshall: Visit the Site(s) Site and monitor the Works for their compliance with the D&C Requirements Authority's Construction Requirements, Project Co’s Proposals and the Approved RDD. RDD.25 The frequency and timing of the Independent Tester's visits are dependent on the progress of Construction construction on Site(s)Site. The D&C Co. will Contractor shall agree a programme with the Independent Tester for the inspection of key construction processes and the completed [phases Phases of the] Works and will shall give the Independent Tester advance notice of these Works being carried out on Site. The Independent Tester will shall identify any aspect of the Works which needs to be inspected before being covered over by subsequent activity so that he may satisfy himself that these have been constructed in accordance with the Construction Programme and the D&C Requirements Contractor's Quality Plan without the need for opening up. Randomly check that the Works are being undertaken in accordance with the D&C Requirements Construction Quality Plan that has been agreed by the Authority and PPP Co.. Project Co. Review the written mechanical Mechanical and electrical Electrical engineering services testing and Commissioning Procedurecommissioning procedure. Undertake selective witnessing of the mechanical Mechanical and electrical Electrical services testing and commissioning. The Independent Tester has indicated that these sampling proportions should amount to approximately [  [fifty] percent [( %(50%)]. The Independent Tester will shall review [  [one hundred] percent [(  (100%)] of all test results. If in the professional judgment of the Independent Tester, because of the results of witnessing (or because of other circumstances) a different sampling percentage is appropriate he will shall provide a detailed report in respect of that and any change in the percentage sampling resulting in a change of fees will be borne by PPP Co.Project Co, the Authority or the D&C Co. Contractor as they will shall agree, failing such agreement, as determined by the Dispute Resolution Procedure. Inspect rectification works which have previously prevented the Independent Tester from certifying the Project as complete. Concurrent with the issue of the Certificate of Practical Completion, agree a list of Snagging Matters with PPP Co. Project Co together with its programme for implementation and issue a Snagging Notice in accordance with Clause 12.5 (Snagging Matters)18 of the Design Build Finance and Maintain Agreement. Check the production of the relevant operating manuals, relevant approvals, test results, inspection records and as built drawings and monitor the timely handover of this documentation. Participation in Dispute Resolution PARTICIPATION IN DISPUTE RESOLUTION As and when required by the Authority or PPP Co.Project Co, the Independent Tester will shall participate in the Dispute Resolution Procedure of the Project Design Build Finance and Maintain Agreement (as such term is defined in the Project Design Build Finance and Maintain Agreement) to the extent that issues under the Project Design Build Finance and Maintain Agreement which have been referred to the said Dispute Resolution Procedure relate to the Independent Tester's other obligations and tasks as set out in this Appendix 1 and this Agreement. APPENDIX 2 SCHEDULE 22 Appendix 2 OF DRAWDOWN OF FEES SCHEDULE OF DAILY RATES Schedule Part 14 PAYMENT MECHANISM INTERPRETATION In this Schedule Part 14 (Payment Mechanism) and elsewhere in this Agreement (save where Schedule Part 1 Schedule of Drawdown of Fees SCHEDULE 22 Appendix 2 Part 2 Schedule of Daily Rates [individual rates can be inserted here] SCHEDULE 22 Appendix 3 Tests on Completion (Definitions and Interpretation) provides to be witnessed by the Independent Tester SCHEDULE 23 –REQUIRED INSURANCE This Schedule 23 comprises four Parts-91contrary) the following words shall have the following meanings:

Construction Review. The Independent Tester willshall: Visit the Site(s) Site and monitor the Works for their compliance with the D&C Requirements Authority's Construction Requirements, Project Co’s Proposals and the Approved RDD. RDD.25 The frequency and timing of the Independent Tester's visits are dependent on the progress of Construction construction on Site(s)Site. The D&C Co. will Contractor shall agree a programme with the Independent Tester for the inspection of key construction processes and the completed [phases Phases of the] Works and will shall give the Independent Tester advance notice of these Works being carried out on Site. The Independent Tester will shall identify any aspect of the Works which needs to be inspected before being covered over by subsequent activity so that he may satisfy himself that these have been constructed in accordance with the Construction Programme and the D&C Requirements Contractor's Quality Plan without the need for opening up. Randomly check that the Works are being undertaken in accordance with the D&C Requirements Construction Quality Plan that has been agreed by the Authority and PPP Co.. Project Co. Review the written mechanical Mechanical and electrical Electrical engineering services testing and Commissioning Procedurecommissioning procedure. Undertake selective witnessing of the mechanical Mechanical and electrical Electrical services testing and commissioning. The Independent Tester has indicated that these sampling proportions should amount to approximately [  [fifty] percent [( %(50%)]. The Independent Tester will shall review [  [one hundred] percent [(  (100%)] of all test results. If in the professional judgment of the Independent Tester, because of the results of witnessing (or because of other circumstances) a different sampling percentage is appropriate he will shall provide a detailed report in respect of that and any change in the percentage sampling resulting in a change of fees will be borne by PPP Co.Project Co, the Authority or the D&C Co. Contractor as they will shall agree, failing such agreement, as determined by the Dispute Resolution Procedure. Inspect rectification works which have previously prevented the Independent Tester from certifying the Project as complete. Concurrent with the issue of the Certificate of Practical Completion, agree a list of Snagging Matters with PPP Co. the Authority and Project Co together with its programme for implementation and issue a Snagging Notice in accordance with Clause 12.5 (Snagging Matters)18 of the Design Build Finance and Maintain Agreement. Check the production of the relevant operating manuals, relevant approvals, test results, inspection records and as built drawings and monitor the timely handover of this documentation. Participation in Dispute Resolution As and when required by the Authority or PPP Co., the Independent Tester will participate in the Dispute Resolution Procedure of the Project Agreement (as such term is defined in the Project Agreement) to the extent that issues under the Project Agreement which have been referred to the said Dispute Resolution Procedure relate to the Independent Tester's other obligations and tasks as set out in this Appendix 1 and this Agreement. SCHEDULE 22 Appendix 2 Part 1 Schedule of Drawdown of Fees SCHEDULE 22 Appendix 2 Part 2 Schedule of Daily Rates [individual rates can be inserted here] SCHEDULE 22 Appendix 3 Tests on Completion to be witnessed by the Independent Tester SCHEDULE 23 –REQUIRED INSURANCE This Schedule 23 comprises four Parts-91.