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Contract review

Contract review — flagged unilateral price escalator

Pre-signing review caught a clause allowing developer to raise price unilaterally up to 12%. Negotiated cap at 3% plus inflation.

Duration

1 months

Outcome

Pre-litigation win

The challenge

What the client was facing.

Client was about to sign a 24-month-build pre-construction contract that included a clause allowing the developer to increase the contract price by up to 12% during construction 'due to market conditions or input cost variations.' On a $600,000 contract, that's $72,000 of unbudgeted exposure.

Our approach

The strategy we deployed.

Red-lined the clause to cap any increase at 3% above CPI inflation, and only with documented evidence of input-cost increases — not unilateral discretion.

The result

How it ended.

Developer accepted the red-line. Client built into the deal a hard ceiling on price escalation, capping potential exposure at $18K vs. $72K — and required documentation that effectively makes any increase unlikely.

Facing something similar?

Your situation deserves the same rigor.

Every case is different, but the methodology holds: strategic pressure, credible escalation, recovery.

Contract review — flagged unilateral price escalator — PeninsuLawyers