10.2.1  Provision of construction progress reports

(a)  During the construction phase, the private party must provide government with written reports outlining the progress of the works by reference to the construction program. The form of the construction program will be agreed with government, based on an indicative program prepared by the private party prior to contractual close.

(b)  Government may require the private party to also provide to the government and the independent verifier regular periodic compliance certificates (in a prescribed form) confirming that it is satisfied that the works are being constructed according to the approved design documentation. At each such interval, the private party must also include a compliance certificate (in a prescribed form) from the project designer to the same effect.

(c)  The independent verifier will conduct regular reviews of the private party's construction work.37 The Project Contracts may set out a detailed process for the independent verifier to notify the private party and the government if it considers that the works are not being constructed in a compliant fashion. On receipt of such a notice, the private party may be obliged to take remedial steps to address the non-compliance to the satisfaction of the independent verifier.

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37 The level of checking and review performed by the independent verifier may differ from project to project and jurisdiction to jurisdiction.