Is it legal to apply Price Variation clause without specified rate?

The works contract tender documents include a Price Variation clause based on the star/base rate of raw materials; however, they have failed to specify the star/base rate for the material. In this situation, is it legal to apply the Price Variation clause unilaterally by deciding or choosing the star/base rate?

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Advocate By LEAD INDIA Answered: 19 Dec 2024

Sir, in this situation the Price Variation clause may be unenforceable without a clearly defined star/base rate. It is advised to consult an expert lawyer who will guide you with the best course of action. For further legal assistance contact us on our helpline number.
 

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