Hi
I am in search of some case law to support my case regarding risk and cost applicability if the contract conditions are changed at time of risk and cost tenders.
Brief history is
1. I was awarded a government building contract and there was a provision of price escalation as per the formula given therein.
2. The contract was terminated when work was 80% complete and the government got the balance executed at my risk and cost.
3. However, they excluded/deleted the price escalation clause which existed in my contract.
4. My submission is that since a material condition has been changed by the UOI, the risk and cost is un-contractual and we have no liability on that account.
I need to find some judgments to support my stand in front of the arbitrator.
Any held that you can give will be highly appreciated.
Regards
