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Under B&P Code 7028.15, when a California contractor submits a bid that includes both materials and labor, and the actual material costs increase by 25% after contract award due to market conditions, what is the contractor's legal obligation?

Correct Answer

C) The contractor must absorb all cost increases unless the contract includes an escalation clause

California law generally holds contractors to their bid prices unless specific contract provisions allow for adjustments. B&P Code 7028.15 emphasizes contractor responsibility for accurate bidding. Material cost escalation clauses must be explicitly included in contracts; otherwise, contractors bear the risk of cost increases in their estimation.

Answer Options
A
The contractor can abandon the project without penalty due to unforeseen circumstances
B
The contractor must renegotiate the contract with the owner
C
The contractor must absorb all cost increases unless the contract includes an escalation clause
D
The contractor can automatically pass through material cost increases exceeding 10%

Why This Is the Correct Answer

California law generally holds contractors to their bid prices unless specific contract provisions allow for adjustments. B&P Code 7028.15 emphasizes contractor responsibility for accurate bidding. Material cost escalation clauses must be explicitly included in contracts; otherwise, contractors bear the risk of cost increases in their estimation.

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