1.1 While preparing the Detailed Plan, we have assumed that:
1.2 The Customer hereby acknowledges and agrees that the Detailed Plan is a genuine projection of the overall costs and expenses related to the Project based on the scope of the Project agreed with the Customer and the assumptions mentioned above. The Detailed Plan will also include the Project Cap Amount i.e. the overall cap on the maximum amount payable by the Customer for the Project, determined on the basis of the assumptions mentioned above.
2.1 The Customer understands and acknowledges the subsurface or latent issues in the Premises such as asbestos, termites, rotten wood, spoiled concrete, hidden pipes, etc. may not be discoverable by us until the commencement of the demolition or construction on the Project. Therefore, Bamboo does not take into consideration any such subsurface or latent physical conditions of the Premises before preparing the Detailed Plan.
2.2 Customer agrees that the Approved Plan and the Approved Charges may undergo changes in the following events:
2.3 If Bamboo comes across Differing Site Conditions on the Premises, then the Constructions Operations Team will inform the Customer about the nature of Differing Site Conditions, its impact on the Project, Approved Plan, Materials, and Approved Charges.
3.1 The Construction Operations Team will inform the Customer if the supply of all or some of the Materials chosen for a Project is delayed. A delay in the supply of the Materials may lead to a change in the schedule of the Project and require a corresponding change in the delivery dates of the Project mentioned in the Detailed Plan. A delay in the supply of Materials will not, however, affect the Project Cap Amount.
3.2 Where all or some of the Materials chosen for a Project are no longer available, the Construction Operations Team will inform the Customer of the same by way of a Scope Change Request as per clause 4.2 . Thereafter the procedure listed in clause 4.2 will follow. .
3.3 Any changes in the Materials, the Approved Plan and the Approved Charges due to such unavailability must be approved by the Customer in writing within a reasonable time. We will not be responsible for any delays or additional costs incurred by the Customer due to unavailability of any Material, delayed approval by the Customer or delay by the Customer in procuring the approved Materials.
4.1 Any time during a Project, the Customer may choose to vary or add to the scope of a Project by informing us in writing about the proposed changes by way of a Scope Change Request as per clause 4.2 . Customer agrees and acknowledges that the Project deliverables including the Approved Plan and the Approved Charges may undergo changes based on the amended scope of the Project.
4.2 Following an intimation of the proposed change(s) to the Project by the Customer or Bamboo due to (a) change in assumptions mentioned above including delay or damages on account of the third party contractors hired directly by the Customer, (b) Differing Site Conditions, (c) unavailability or change in Materials, (d) change in scope by the Customer, or (e) any other reason beyond our reasonable control (collectively “Scope Change Request”), our Construction Operations Team will re-evaluate the parameters of the Detailed Plan and submit to the Customer for his/her review and approval details of the new Materials, any new tasks required to be performed pursuant to the Scope Change Request and also the maximum amount payable for the Scope Change Request. A Scope Change Request, once approved, will be referred to as a “Scope Change Order” and will constitute an amendment to the then subsisting Detailed Plan agreed between the parties. The cost cap for the Scope Change Order will be added to the original Project Cap Amount which shall then be considered as the new Project Cap Amount for the Project. Thereafter, the Construction Operations Team will alsoprovide to the Customer a revised Detailed Plan for the Project. Any further changes in the scope of the Project thereafter will be done following the same process outlined above. Please note that Bamboo will carry out the proposed changes to the Project only after the Customer approves the Scope Change Request, the revised Detailed Plan and the applicable Bamboo Charges in writing. Any work performed pursuant to a Scope Change Order will be tracked and billed separately at the agreed hourly rates.