Common use of Latent Conditions Clause in Contracts

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.