DMB044 Posted January 29, 2009 Report Share Posted January 29, 2009 I am reviewing a request for equitable adjustment where the subcontractor (Seller) presented a claim based on terms that the Seller presented in their proposal. However, the contractor (Buyer) did not accept those terms either by signature or reference. When both parties signed the contract, the contract had clear and unambiguous language that when the Seller accepted the contract that the Seller acknowledged that the subcontract constituted the entire agreement between the parties. Again, the subcontract did not incorporate the Seller's terms, except for the pricing proposed against the Buyer's SOW. Is there something I could be missing that would give the Seller a legal argument to present such a claim based on the Seller's terms? Link to comment Share on other sites More sharing options...
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