Contract Price Modification by Mutual Agreement

The case involved a dispute arising from a construction contract where the contract stipulated that the final price would be determined by a technical expert, but the parties later formally agreed, after the work was substantially complete, to an adjusted fixed price without resorting to the expert's assessment. The appellate court upheld the validity of this subsequent agreement, finding that the parties had intentionally waived their right to the expert's determination, as their new agreement demonstrated a clear intention to settle the final cost definitively. The highest court dismissed the appeal, affirming that the parties were legally entitled to substitute their mutual agreement for the procedure originally stipulated in the contract.