Latent Conditions. (a) If during the installation of the EPC Solutions, the Contractor becomes aware of a latent condition that will affect the completion of the installation, the Contractor must (as a condition precedent to any entitlement to additional time or money) forthwith and where possible before the latent condition is disturbed, (and in any event within five business days) give written notice thereof to the Customer and obtain the Customer’s written consent to undertake any action which may cause Contractor any additional cost which the Customer may be liable to pay.
(b) The Contractor shall provide in that notice to the Customer a statement specifying:
(i) the latent conditions encountered and in what respects they differ materially from the site conditions which should reasonably have been anticipated by a competent and experienced Contractor exercising good industry practice at the date of the Agreement;
(ii) the additional work and additional resources which the Contractor estimates to be necessary to deal with the latent conditions;
(iii) the time the Contractor estimates will be required to deal with the latent conditions and the expected delay in completion;
(iv) the Contractor’s reasonable estimate of the cost of the measures necessary to deal with the latent conditions; and
(v) any other details that may be reasonably required by the Customer.
(c) Delay caused by a latent condition may justify an extension of time for completion.
(d) Subject to clause 2.6(e) if a latent condition causes the Contractor to:
(i) carry out additional work;
(ii) use additional materials; or
(iii) incur extra cost (including, but not limited to, the cost of delay or disruption); which the Contractor did not and could not reasonably have anticipated at the time of tendering exercising good industry practice, the Customer must pay to the Contractor any agreed amount of additional payment in respect of additional costs caused by the latent condition.
(e) For avoidance of doubt, Contractor will only be entitled to the additional payment referred to in clause 2.6(d) if:
(i) the Contractor has first obtained the Customer’s written consent to undertake the action which contributed to the additional cost; and
(ii) the parties have reached an agreement over the amount of the additional cost.
(f) Subject to Clause 2.6(g), if the Customer does not wish the Contractor to proceed as notified or the parties cannot agree to the additional costs referred to in clause 2.6(e), the Customer must p...
Latent Conditions. If, during the execution of the work under the Contract, the Contractor encounters on the site or its surroundings, physical conditions (other than climatic conditions or conditions arising there from) including artificial obstructions, which he considers:
Latent Conditions. If TasNetworks accepts that a latent condition exists under clause 5.3(c) it must give a notice to the Customer as soon as possible that specifies at a minimum:
(i) the latent condition that TasNetworks accepts exists;
(ii) a statement that:
(1) any Connection Offer is withdrawn; or
(2) the Connection Contract is terminated immediately, whichever is appropriate;
(iii) a statement that the Customer may consider negotiating a connection contract with TasNetworks; and
(iv) any statement required by law. If TasNetworks becomes aware of a latent condition at any time and TasNetworks has not already been informed by the Customer of the same latent condition under clause 5.3(a):
(i) where there has been no Acceptance of Offer – TasNetworks immediately withdraws any current Connection Offer; or
(ii) where there has been an Acceptance of Offer, this Connection Contract is terminated immediately. Note: Where a Connection Offer is withdrawn, or a Connection Contract is terminated, under clause 5.3(c), the Customer may approach TasNetworks to negotiate an Electricity Connection Contract with TasNetworks. Where TasNetworks becomes aware of a latent condition in accordance with 6.2(b) it must give a notice to the Customer as soon as possible that specifies at a minimum:
(i) the latent condition identified and the respects in which that condition differs from the anticipated condition of the site; and
(ii) the information as set out under clauses 6.2(a)(ii) to (iv).
Latent Conditions. 35.1 If the Service Provider becomes aware of a Latent Condition, it must give AMSA written notice within 24 hours after becoming aware of the latent condition, including any evidence to identify the Latent Condition.
35.2 As soon as practicable after providing initial written notice to AMSA and no later than 3 Business Days (or as otherwise agreed with the Instructing Officer) after becoming aware of the Latent Condition, the Service Provider shall provide AMSA with the following information:
(a) the Latent Condition encountered and in what respects it differs materially from the reasonably expected site conditions.
(b) the additional work and additional resources which the Service Provider estimates to be necessary to deal with the Latent Condition;
(c) any other consequences that it anticipates may arise from the Latent Condition;
(d) the time the Service Provider anticipates will be required to deal with the Latent Condition;
(e) the Service Provider’s request for variation outlining the cost of the measures necessary to deal with the Latent Condition; and
(f) other details reasonably required by AMSA.
35.3 Upon receipt of a notice described in clause 35.2, AMSA may issue a direction in respect of a Latent Condition, and the Contractor will be entitled to claim an extension of time for delays, and may be entitled to reimbursement of reasonable costs necessarily incurred as a consequence of the latent condition and directions issued for this purpose.
Latent Conditions. Upon becoming aware of a Latent Condition while carrying out the Works, the Subcontractor must within 5 Business Days of becoming so aware, give Xxxxxxxxx a written notice describing the Latent Condition and an estimate (with supporting details) of any additional cost or time necessary to deal with the Latent Condition. If a Latent Condition causes the Subcontractor to incur additional cost in carrying out the Works, the cost incurred will be assessed by Honeywell and added to the Subcontract Sum (provided that the Subcontractor agrees and acknowledges that it will only be entitled to such adjustment to the Subcontract Sum if the Subcontractor has provided the notice referred to above in this Section within the required time.
Latent Conditions. (a) If the Customer becomes aware of a latent condition, or reasonably suspects that a latent condition may exist, at any time the Customer must inform TasNetworks as soon as possible.
(b) If requested by TasNetworks in response to being informed under clause 5.3(a), the Customer must give TasNetworks a written notice of the general nature of the latent condition, or the suspected latent condition, and any other related information requested by TasNetworks.
(c) If TasNetworks accepts that a latent condition exists:
(i) where there has been no Acceptance of Offer – TasNetworks immediately withdraws any current Connection Offer; or
(ii) where there has been an Acceptance of Offer, this Connection Contract is terminated immediately. Note: Where a Connection Offer is withdrawn, or a Connection Contract is terminated, under clause 5.3(c), the Customer may approach TasNetworks to negotiate an Electricity Connection Contract with TasNetworks.
Latent Conditions. (a) If we or our contractors discover Latent Conditions while undertaking the installation of the Service outlined in this proposal, we will immediately notify you and where possible, do so before the Latent Conditions are disturbed.
(b) Latent Conditions may occur during the installation and use of a Service and its components, when the physical conditions differ materially from those physical conditions that should reasonably be anticipated by a contractor in the delivery of a service.
(c) We have taken all necessary precautions, however it is possible that the presence of Latent Conditions may impact on the price quoted or the performance of the Service.
(d) If Latent Conditions are discovered, we will work with our contractor to calculate the impact on pricing and/or performance, and will discuss this with you at that time.
Latent Conditions. 10.1 If the Contractor encounters any Latent Condition, then the Contractor must immediately notify WDRC in writing of the Latent Condition and the Contractor’s estimate of the work required to overcome the Latent Condition and the Contractor's estimate of the cost to overcome the Latent Condition.
10.2 Subject to subclause 10.1, the Principal must direct the Contractor as to what action must be taken to overcome the Latent Condition.
10.3 If a Latent Condition causes the Contractor to incur extra costs then such extra costs must be valued as a Variation by WDRC.
10.4 If a Latent Condition causes delay to the Project, the Contractor is entitled to an Extension of Time as assessed by WDRC.
Latent Conditions. 3.5.1. Upon becoming aware of any Latent Condition or other event, the Contractor shall immediately notify the Company in writing of the existence of the Latent Condition or other event. In the case of a Latent Condition, the Contractor shall not materially disturb any of the physical conditions associated with the Latent Condition until the Company has inspected the physical conditions.
3.5.2. The Contractor shall submit to the Company as soon as possible after the notification of the Latent Condition, full details of the Latent Condition including:
(a) a description of the Latent Condition and in what respect it differs materially from the physical condition which was expected by the Contractor;
(b) an estimate of the effect, if any, on the Contract Programme; and
(c) any other information which the Company requires in connection with the Latent Condition.
3.5.3. Should the Latent Condition delay the Contractor, the Contractor may submit a claim for a variation to the Contract Programme provided that:
(a) the claim is made in accordance with clause 27;
(b) the Contractor has not materially disturbed any of the physical conditions associated with the Latent Condition except where such disturbance is required to protect the safety of personnel or to protect the future conduct of the Works.
3.5.4. Should the Contractor carry out additional work, use additional Plant and Equipment or incur additional cost as a direct and necessary result of the Latent Condition, the Contractor shall be entitled to be paid for any resulting increase in Cost which shall be claimed and valued under clause 27.4 and shall be subject to the compliance by the Contractor with the procedures set out in clause 27.4 as if the Latent Condition were a variation directed by the Company. The Contractor is not entitled to recover any costs incurred prior to 14 days before the date of the notice given pursuant to clause 3.5.1.
Latent Conditions. A.
19.1 If, during the execution of the Works, the Contractor becomes aware of a Latent Condition, the Contractor must, within 3 Business Days of becoming aware of the Latent Condition, and before the Latent Condition is disturbed, give a written Notice to the Principal specifying:
(a) the Latent Condition encountered and in what respects it differs materially from that which would have been expected;
(b) the additional work and resources which the Contractor estimates to be necessary to deal with the Latent Condition;
(c) the time the Contractor anticipates will be required to deal with the Latent Condition and the expected delay in achieving Practical Completion;
(d) the Contractor’s estimate of the cost of the measures necessary to deal with the Latent Condition; and
(e) other details reasonably required by the Principal.
