Who Assumes the Risk of Material Cost Increases? As Always, It Depends!
Best Practices Construction Law
MAY 20, 2016
In other words, you are negotiating about who takes the risk on a particular issue. The contractor could have bargained for protection from price increases by including a price escalation clause in its proposal…but it did not. The Back-and-Forth. The decision in Mabus provides a few lessons.
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