The Latent Conditions clause (cl 12.1) operates on an objective test: what a reasonable contractor should have anticipated is determined by objective assessment of available information, not by what the particular contractor actually knew or did. Historical quarry documents that are ambiguous or of limited utility do not necessarily establish that a contractor should have anticipated conditions differing from those shown in tender documents. The word 'forthwith' in a notice provision means with all reasonable speed having regard to the circumstances, not instantaneously. Delay costs caused by latent conditions are recoverable under cl 12.3 notwithstanding the omission of a second paragraph from cl 36 (based on AS 2124-1992). The existence of a contractual latent conditions clause providing for price adjustment may preclude a parallel s 52 Trade Practices Act claim based on the same information, particularly where the contractor knew the contract price would be adjusted if altered conditions were encountered.
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