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
submitted by the contractor for working out price escalation. It appears that price escalation as per contract was calculated in accordance with the various components ... predetermined under five heads no contract in this regard came into being. Admittedly, the contract contained three heads for escalation pursuant to the bid submitted
revision. The claim for escalation of rates was rejected on the ground that there was no escalation clause in the contract.
29.24. Arguments similar ... contract, which suggests that the contract is a "firm price contract" and there is any bar with regard to the claim for escalation
contract, but in
the event one of the parties to the contract is
unable to fulfil its obligations under the
contract which has direct bearing ... l0CC in the current
contract also. I therefore rely on the Clause l0CC of the
contract for working out escalation in prices of materials
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
only provision in the contract was to deny
extension. There is no provision in the
contract of denying escalation in the
extended period." (emphasis ... agreed to settle
the claim for escalation by accepting escalation for the entire extended
period of the contract pegged down to the escalation derived
date of commencement of the contract and if the contract period
is extended beyond 12 months and the contract value exceeds Rs.1.00
Crore ... extended period of contract beyond 5
months and total of more than 12 months of contract period. The
escalation amount claimed takes care
date of commencement of the contract and if the contract period
is extended beyond 12 months and the contract value exceeds Rs.1.00
Crore ... extended period of contract beyond 5 months and total of
more than 12 months of contract period. The escalation amount claimed
takes care
being a creature of the contract
document has no right to circumvent the
provisions of the contract and escalate the rates in
Arbitration Appeal ... before the arbitrator indicating that in similar
cases of contract escalation of rates up to 200%
was granted to other contractors by the company
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
