Contractor Unilaterally Increased Fixed Price; Client Termination Upheld
Synthèse Legislator
Généré par l'IAA contractor, after agreeing to complete construction work for a fixed price, unilaterally raised the price, claiming unforeseen difficulties, which led the client to terminate the contract and hire a replacement. The lower court ruled that the contractor's unilateral price increase, without prior agreement or explicit contractual provision allowing such modification based on unforeseen circumstances, constituted a breach justifying termination by the client, and the Court of Cassation upheld this finding, affirming that a fixed-price contract binds the contractor to the agreed terms despite difficulties, unless the contract itself provided for price revision under specific conditions not met in this instance.
Regeste Legislator
Généré par l'IAContractor Unilaterally Increased Fixed Price; Client Termination Upheld: The lower court ruled that the contractor's unilateral price increase, without prior agreement or explicit contractual provision allowing such modification based on unforeseen circumstances, constituted a breach justifying termination by the client, and the Court of Cassation upheld this finding, affirming that a fixed-price contract binds the contractor to the agreed terms despite difficulties, unless the contract itself provided for price revision under specific conditions not met in this instance.