Article Date: 07/06/10

PRICE ADJUSTMENT CLAUSE FLAWED BECAUSE NOT TIED TO CONTRACTOR'S ACTUAL COSTS

Supreme Court of Mississippi

Hill Brothers Construction Co., Inc. v. Mississippi Transportation Commission

No. 2009-CA-00053
June 17, 2010

Overview

The Mississippi Supreme Court has ruled that a price adjustment clause in a highway construction contract violated the state authorization statute. The clause pegged the adjustment to an arbitrary date, which did not necessarily reflect the actual cost to the contractor. ... Log in to view the full text.

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