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Supplier Pricing Increases

September 1, 2012

Question. Does a Supplier have any right to increase the price for materials after delivery based upon its mistake in pricing?

Answer. NO. The agreed-upon price for the materials delivered by the Supplier to the Contractor, was $1.00 per unit, and the Supplier had no right to increase the price for the materials after delivery based upon its one-sided mistake in pricing. The Supplier renounced its agreement to supply Contractor with certain materials, thus forcing Contractor to purchase the materials from another supplier at a higher price. Contractor is entitled to recover the difference in price.