When the actual cost of unit price work differs greatly because of unforeseen factors, repricing is proper whether or not VEQ limits have been met. 76 F. Supp. The overriding principle, in deciding just how the respective clauses should apply in a given situation, is that the contract should be construed equitably. This means simply that an equitable adjustment under the VEQ clause should be decided in the same manner as an equitable adjustment under a standard clause such as the differing site conditions clause. The availability of an equitable adjustment should not depend upon the choice of contract clauses.
Equity also requires flexibility.
Apart from the determination of costs', additional leeway is implicit from the equitable' nature of the adjustment and the fact that it is merely to be based on' and not necessarily equivalent to the cost differential. The standard, being an equitable one, needs to be flexible in its application. It is not to be applied so rigidly as both the Board and the court, in their very different ways, applied it. Equity means keeping both parties whole. It does not require payment of an excessive profit nor that the contractor incur an unforeseen loss.