Latent Condition definition
Examples of Latent Condition in a sentence
If the estimated additional cost to remedy any geotechnical condition that qualifies as a Latent Condition is reasonably estimated to increase the Estimated Project Budget by more than $150,000, then upon written request of MSR, the City will work with SPS and MSR to identify additional funding to address the condition, which may include, but not be limited to, private sources.
However, if the discovered Hazardous Substances qualify in part or in whole as a Known Condition or Latent Condition, then the City, SPS, and MSR shall use good faith efforts to mutually agree upon a funding plan, which may include use of Project contingency funds or additional funding from SPS or the City.
MSR shall promptly notify the City Representative and SPS Representative if, during the course of demolition and construction, MSR or any of its agents or contractors discover any geotechnical condition on or around the Licensed Area that qualifies as a Latent Condition and that is likely to result in a change order to MSR’s contract with the Prime Contractor.
If the discovered Hazardous Substances do not qualify as a Known Condition or Latent Condition, neither SPS nor the City shall be required to provide any funding over and above the SPS and City Maximum Funding and MSR shall not be relieved from delivering the Final Project and shall be responsible for any additional Project costs necessitated by the Remedial Work Plan.
If any Latent Condition, asbestos or hazardous material is located at the Site, it is the Customer’s sole responsibility (including costs) to ensure the safe and prompt removal of it.