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
year 2003, the rates should
be subjected to price escalation Clause under the Contract. Kindly
award the same.
Claim No.3 Kindly award interest ... state, that such market rate
could not have been escalated under the provisions of the contract, as there is no
provision for the same
Hudson's Building and Engineering Contracts a leading
commentary on the subject that Price Escalation Clauses are never
perfect and they may under ... contemplation of the
parties.
(e) The contract terms cannot be read in isolation. The price
escalation clause will have to be read with other clauses
interpretation of
the contractual clause which entitles price vaciation and
escalation in the contract spread over for completion in
32 months, is sought ... granted, and that contract had to
be interpreted as a lump sum contract in the original
contracted value only. Paras
Quoted Capacity Charges after duly escalating
the Quoted Escalable Capacity Charge on the basis of the
escalation rates specified in Clause 3.3.1.3.
The Quoted tariff ... Financial Bids, the Quoted
Escalable Capacity Charge of each Bidder shall be uniformly
escalated as per the inflation / escalation rates mentioned below.
For the actual
learned counsel for the GMDC
that therefore, though the escalation was alien to the contract, the
learned Commercial Court has awarded escalation in violation ... clearly mandated
that the prices under the contract were firm and no escalation
would be allowed. It was also clarified that the rates would remain
escalation provision only related to labour,
diesel oil, tyres and tubes, as provided in Item 35 thereof. There was no
escalation provision in the contract ... from the award. The Apex Court held that the contract prohibited
payment of any escalation under claim No.III for napa slabs or claim
contracts whereas for special repairs /renewal work contracts,
similar work constitutes experience of bituminous work on
2/4/6 lane highways)
(Escalation factor as under ... maintenance/construction of four/six laned highway for O&M
contracts)
(Escalation factor as under shall be used to bring the value of such
only for the work done
during the stipulated period of the contract. No escalation shall
be paid for work executed in extended contract period even ... extension
could have been claimed. In the present case, the contract itself provides for
escalation of prices during the stipulated period. The learned arbitrator
Hudson's Building and Engineering Contracts a leading
commentary on the subject that Price Escalation Clauses are never
perfect and they may under ... contemplation of the
parties.
(e) The contract terms cannot be read in isolation. The price
escalation clause will have to be read with other clauses
