A bidder is expected to be aware of publicly announced changes that are formally underway at the time of its tender and to have made allowance for these and all existing requirements in its pricing structure. Accordingly, the risk of changes that are on notice or foreseen as at the date of the contract are automatically to be borne by the private party, unless expressly excluded.
The risk of changes in the interpretation of laws existing at the date of the contract should generally also be borne by the private party, unless the circumstances of the particular project dictate otherwise.