terms of the contract. The subsequent contracts are not
separate contracts and it is only an addition to the earlier contract which has not
been ... contracts governing the parties clearly stipulate 90% of
the contract value in the event of cancellation of the contract by the respondent.
Admittedly, 6 escalators
note under clause 12, the
defendants submitted that the contract prohibits escalation due to any
cause whatsoever. With regard to the washing-away ... that the firm price under the
contract applies only during the original contract period and that an
escalation claim is legitimate in the extended period
contract was designed to absorb price variation due to escalation or
de-escalation within the contract price. In other words, the bargain
between the parties ... under:
"Escalation
Not applicable"
From the above, it is clear that escalation does not apply during the
original contract period but there
note under clause 12, the
defendants submitted that the contract prohibits escalation due to any
cause whatsoever. With regard to the washing-away ... that the firm price under the contract applies only
during the original contract period and that an escalation claim is
legitimate in the extended period
note under clause 12, the
defendants submitted that the contract prohibits escalation due to any
cause whatsoever. With regard to the washing-away ... that the firm price under the
contract applies only during the original contract period and that an
escalation claim is legitimate in the extended period
Electricity Authority (CEA) in granting approval for drawings.
5.2. The contract provides for escalation. In terms thereof, a claim ... this contract did not stipulate escalation, learned counsel contended
that escalation was not provided for in view of the contract period being nine
months. Since
escalation/variation. According to the learned counsel for the respondent,
the petitioner is not entitled to claim price escalation since the contract
was completed ... submitted that the petitioner is
not entitled to claim price escalation since the contract was completed
prior to 2010 and the entire final bill
Court on escalation. The contention of learned
counsel for the petitioner that an escalation claim may be awarded even if
the relevant contract does ... escalation; so, the claim for escalation merited consideration subject to
proof.
7. After recording that the relevant contract does not contain a
clause
escalation is payable. It is also contended that no escalation could be paid because there is no provision for making payment for escalation in contract ... mislead himself to determine the escalation cost and the quantum of escalation by comparing other contract. Another factor is that the Arbitrator has not taken
entity/person for the supply of a specified number of elevators/escalators. The contract of supply involves stages such as preparation of drawing, approval ... erection and installation and finally, handing over the elevators/escalators to the customer. The contract entered into between the petitioner and the ultimate customer thus
